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Guide to Valid Job Contracting and Subcontracting 2nd Edition
The subject matter of job contracting and subcontracting is a trick territory for businesses their owners. Understanding the technical sides of it are left to the experts and practitioners.
Nonetheless, even experts find the topic challenging. This book is intended to help companies, business owners, managers, expats, and HR practitioners navigate through the “treacherous waters” of job contracting and subcontracting.
While the word “treacherous” used to describe it may be strong the association to it is justified by the fact that engaging in contracting is very technical. A single mistake, regardless of intentions, of the parties will be catastrophic.
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Imagine, for instance, a big company contracting hundreds of workers with what it thought was a legitimate contract, which due to technical errors the
authorities suddenly found the relationship a labor-only contracting. The said scores of employees of contractor will become regular with the principal. This will surely blow the pay grade of the company out of proportion. The correction and/or adjustments needed will be enormous and costly.This work provides not just laws, rules, and regulations. It gives perspective, insight, and the bird’s-eye view of the situation to serve as a map to the right direction. It tackles D.O. 174, Series of 2017 which superseded D.O. 18- A. The DOLE Advisory 01, Series of 2017 providing exceptions. Relevant rules such as D.O. 19, D.O. 13, and D.O. 198, among others.
Also, R.A. 11058 and relevant decisions of the Supreme Court on the matter, most especially, on off-detail status in a 2019 case, Bognot vs. Pinic International (Trading) Corporation/CD-R King, et al., (G.R. No. 212471, March 11, 2019). Can individuals with unique skills and talents engage in contracting without registration under D.O. 174? The author discussed the answer in this work.
Salient points of D.O. 174 include the substantial capital of P5 million, shortened validity of the registration, concepts of temporary off-detail, expiration of service agreement, termination for just cause, authorized cause, and not due to expiration of service agreement and their implications.
This book is a compliance guide, first and foremost, to help businesses in their quest to achieve their objectives the legal way and without accidentally falling in the traps of technicalities.
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Compensation Boss: 13th Month Pay Calculator Employees Version
₱59.00Product Description (in English) – Compensation Boss
13th Month Pay Calculator; See Product Description in Filipino / Tagalog belowThis product is intended for employees as users giving them opportunity to have a hassle-free way to approximately compute their 13th month pay.
This features a file saved in Excel Microsoft 365, Version 16.54. User has to have such specification or its equivalent. The file offers quick way to determine 13th month pay by simply inputting the basic salary earned per payroll (“kinsenas at katapusan”).
Results are computed automatically. Bonus sheets include redundancy separation pay calculator for both daily paid and monthly paid employees.
Retrenchment pay calculator, retirement pay calculator, and the service incentive leave (SIL) pay calculator. At an introductory price of just PhP59.00, this will be a big help to workers who need to have an immediate answer to their approximate 13th month pay benefits.
Product Description (in Filipino / Tagalog)
Ang produktong ito ay dinisenyo para sa mga empleyado upang mabigyan sila ng pagkakataon na magkaroon ng mabilis at epektibong paraan upang alamin ang halaga ng kanilang makukuhang 13th Month Pay na benepisyo.
Ang produktong ito ay naka-save sa file na Excel Microsoft 365, Version 16.54. Ang bibili at gagamit nito ay dapat mayroong nasabing specification, application, o programa sa kanyang kompyuter o katumbas nito. Ang nasabing file ay nagbibigay nang mabilis na paraan upang alamin ang 13th Month Pay na makukuha sa pamamagitan lamang ng pag-encode o pag type ng halaga ng basic salary na kinita kada sahod (“kinsenas at katapusan”).
Ang resultang makukuha ay kaagad na kinakalkula. May bonus sheets na kasama para sa pag-kompyut ng separation pay para sa mga empleyadong arawan ang sahod at buwanan.
Mayroon ding Retrenchment pay calculator, retirement pay calculator, at service incentive leave (SIL) pay calculator. Ang introductory price na PhP59.00 ay malaking tulong para sa mga manggagawa na kailangan magkaroon ng mabilisang sagot sa halaga ng 13th month pay benefits na makukuha.
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Non-APOR Driver / Fetcher Certification Soft Copy
₱485.00This is a suggested soft copy template saved in Word File and editable in Word Document involving the Philippine National Police (PNP) declaration to require non-APOR fetchers / drivers of the APOR individuals to present a certification before the checkpoint personnel, among other requirements.
As a background, on July 29, 2021 the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF) issued Resolution No. 130-A, Series of 2021 placing the NCR under Enhanced Community Quarantine (ECQ) for the period August 6-20, 2021.
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Release, Waiver and Quitclaim Resigned Standard – Soft Copy Editable Template
₱485.00This is a soft copy product template, save in Word File and editable in Word Document containing the important provisions needed for the release of employer from liability and the waiver and quitclaim of the employee of all claims against the company.
This is called a standard version because this contemplates ordinary situation where the employee simply claims the final pay and executed this along with it. Ordinary situations
include death of employee, the one claiming is not the employee, the employee is retired and hospitalized and the one claiming is a relative or family member, the employee died of gunshot, etc.Scroll down for more information
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Release and Waiver Retirement Standard – Soft Copy Editable Template
₱485.00This is a soft copy product template, save in Word File and editable in Word Document containing the important provisions needed for the release of employer from liability and the waiver and quitclaim of the employee of all claims against the company.
This is called a standard version because this contemplates ordinary situation where the employee simply claims the final pay as a result of retirement and executed this along with it. Extraordinary situations include death of employee, the one claiming is not the employee, the employee is retired and hospitalized and the one claiming is a relative or family member, the employee died of gunshot, etc.
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Data Privacy Consent Undertaking with SPA for HMO – Soft Copy Editable Template
₱495.00This is a soft copy template saved in Word File and editable in Word Document.
This contains the sample terms, conditions, clauses, and provisions of the contract described.
See the Description below to view the Contents of this soft copy template.
This is another template from LVS which makes employer’s or business owner’s life a lot easy. This is editable in Word document as it was written using the Word 365 software.
Data privacy law is probably one of the hallmark legislations in the country protecting the personal information of individuals transacting with any entity.
The Data Privacy Act of 2012 (DPA) declares that it is the policy of the State to protect the fundamental human right of privacy, of communication while ensuring free flow of information to promote innovation and growth. The State recognizes the vital role of information and communications technology in nation-building and its inherent obligation to ensure that personal information in information and communications systems in the government and in the private sector are secured and protected.
It is a practice for some companies to provide the health coverage for its employees in the form of a health card provider or Health Maintenance Organization (HMO). As a matter of procedure, employees would undergo medical checkup, operation, diagnosis, etc. and the results are made available only to the employees involved.
In certain cases, the HMO and/or medical facility/entity would refuse to provide the company or employer a copy of the results as the same may violate the DPA. The medical information may form part of the protected personal information or sensitive personal information.
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As defined by law, “personal information” refers to any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.
Further, “sensitive personal information ” refers to personal information:
(1) About an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;
(2) About an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings;
(3) Issued by government agencies peculiar to an individual which includes, but not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns; and
(4) Specifically established by an executive order or an act of Congress to be kept classified.
As a rule, the processing of sensitive personal information and privileged information is prohibited. There are exceptions under the law, to wit:
(a) The data subject has given his or her consent, specific to the purpose prior to the processing, or in the case of privileged information, all parties to the exchange have given their consent prior to processing;
(b) The processing of the same is provided for by existing laws and regulations: Provided, That such regulatory enactments guarantee the protection of the sensitive personal information and the privileged information: Provided, further, That the consent of the data subjects are not required by law or regulation permitting the processing of the sensitive personal information or the privileged information;
(c) The processing is necessary to protect the life and health of the data subject or another person, and the data subject is not legally or physically able to express his or her consent prior to the processing;
(d) The processing is necessary to achieve the lawful and noncommercial objectives of public organizations and their associations: Provided, That such processing is only confined and related to the bona fide members of these organizations or their associations: Provided, further, That the sensitive personal information are not transferred to third parties: Provided, finally, That consent of the data subject was obtained prior to processing;
(e) The processing is necessary for purposes of medical treatment, is carried out by a medical practitioner or a medical treatment institution, and an adequate level of protection of personal information is ensured; or
(f) The processing concerns such personal information as is necessary for the protection of lawful rights and interests of natural or legal persons in court proceedings, or the establishment, exercise or defense of legal claims, or when provided to government or public authority.
While it appears that in an employer-employee relationship, the information obtained from the employee is in relation to such employment, there is a need to have a clear consent to process the information on the part of the employer. Hence, if the information is shared by the employee with the medical facility and the results are generated, the employer can be authorized by the employee to have such copy.
This should be in the form of an express consent since an individual’s health is a sensitive personal information under the law which can only be processed if there is an express consent by the data subject.
Thus, the sample template will be very helpful where the employee gives consent for the company to process the sensitive personal information obtained by the health provider in an HMO setting.
This form is better used with the document proving authority of the company to its duly authorized representative to obtain said information and all other records in relation thereto.
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Notice of Extension of Project Employment – Filipino/Tagalog Soft Copy
₱545.00Project employment is an exception to the rule on regular employment if all the requisites are complied with.
A project employee under now Article 295 of the Labor Code, as amended, is one whose employment has been fixed for a specific project or undertaking, the completion or termination of which has been determined at the time of the engagement of the employee. (Herma Shipyard, Inc. vs. Oliveros, G.R. No. 208936, April 17, 2017)
Thus:
Art, 295. Regular and Casual Employment. –The provisions of written agreement for the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific
Project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.
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While it is required that the project should have a duration, it is also acceptable in practice that the contract may extend due to circumstances beyond the control of the employer. In this case, the contract may be extended accordingly based on another estimated completion date.
Factors affecting the extension could be delays in the delivery of materials, inclement weather, strike, etc. The sample notice templates are one written in English and another in Filipino / Tagalog.
The reason there is a draft in Filipino / Tagalog is that there are workers who are not conversant in English language, especially in jobs covered by project employment.
A sample notice will help employers to overcome the technicalities of this form of employment. Issuing a notice of extension is a good practice since if the employee is extended beyond the project completion date, he cannot anymore be terminated on the ground of project completion because he may be considered as regular employee.
A regular employee can only be terminated under Art. 297, 298, and 299 of the Labor Code, as amended. The notice serves as evidence of the company of the extension based on justifiable grounds. The notice is evidence of the project arrangement as well and helps eliminate doubts and ambiguities in the project employment contract.
It should always be noted that any doubt or ambiguity in the project employment contract is resolved in favor of labor. As between project employment and regular employment, the latter is the more favorable status for employee. Thus, it is a disaster indeed if the employer intended the employment to be for a project and only for the relationship to be declared for regular employment simply because the project employment contract fails to comply with the elements and requisites for validity.
This template is best used if there is already a Project Employment Contract Template using the LVS forms both in English and Filipino / Tagalog.
This template is easy to edit using the Word application.
This version is using MS Office 365 with provisions substantially expressed in Filipino / Tagalog.
Salient points of this template are:
- Name of Employee
- Nature of Project designation
- Indication of project employment
- The fact of duration and original completion date
- The incidents affecting the completion date and reasons for extension
- Citation of specific clause or provisions in the contract where parties stipulate for possible extension
- New completion date
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The Accounting Guide for Entrepreneurs and Employees
₱695.00
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Release, Waiver and Quitclaim of Deceased Employee by Sole Heir – Soft Copy Editable Template
₱895.00DESCRIPTION OF RELEASE, WAIVER AND QUITCLAIM OF SOLE HEIR FOR THE DECEASED EMPLOYEE WHO IS RETIRABLE
This is a soft copy template saved in Word File and editable in Word Document.
This contains the sample terms, conditions, clauses, and provisions of the contract described.
See the Description below to view the Contents of this soft copy template.
This template applies to cases where the employee who is entitled to retirement has resigned but died prior to claiming the retirement benefit. The one claiming the benefit is the child (son in this template).
Further, the company advanced certain expenses in the hospital for the deceased employee.
The claimant is a sole heir. Meaning he is alone and there are no other heirs requiring the Extrajudicial Settlement of Estate. Likewise, he has executed an Affidavit of Sole Heir.
The relative and/or spouse here is the one claiming damages against the company. While the company has several defenses in this case, the company may decide to buy peace and provide financial assistance.
In doing so, the release thereof should be documented to prevent any further action from the claimant against the company or its officers. Thus, a Release, Waiver & Quitclaim may be executed by the spouse, common law partner, or any person acting in behalf of the interests of the deceased person.
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The draft template here addresses the following concerns:
- The claimant should release and remiss the company and its officers from any claim;
- The claimant clearly states the relationship to the deceased;
- The claimant does not make any statement that will incriminate or establish criminal liability against the alleged actor or any person acting for the company;
The following terms are stated:
- Claimant is of legal age,
- Residence of the claimant
- Declaration of claimant as the duly authorized representative of the family for and in behalf of the deceased person
- Name of the deceased person
- Relationship of the claimant to the deceased person such as being the common law partner / spouse, etc.
- Description of the incident without specifying any suspect or declaring liability;
- Decision of the company to release the fund due for the above deceased as well as financial assistance;
- Statement of release, remiss and forever discharge of the company, its stockholders, Directors, Officers, President, Treasurer, executives, managers, employees, representatives and any other persons working or dealing for and in behalf thereof, from any and all liabilities, damages or injuries caused to claimant and his family or may be caused, as a result of the service not having materialized, and for any other such liabilities, damages or injuries which may now or in the future arise as a result thereof;
- If found hereinafter that there would be any other consequential or resulting damage, liability or injury, whether actual, moral, exemplary or in any other form of damage, not evident as of that time, that the amount given shall constitute as full and final settlement for such damage, liability or injury;
Statement of voluntary, free and unconditional declaration that the claimant and his family have no further claims or right of action, whether past, present, future or contingent, of whatever nature - Statement of waiver of any and all claims and causes of actions or judgments of any tribunal;
- Statement not to institute any action, whether civil, criminal, labor or administrative against the company, its directors, officers, employees, agents and clients;
- Statement that any and all actions which may have been commenced are deemed and considered voluntary withdrawn by me and he will no longer testify or continue to prosecute said action(s); and
- Statement that the claimant fully understands all the statements made.
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Affidavit of Employee Consent for COVID-19 Vaccination – Soft Copy Editable Template
₱988.00This product is a soft copy template providing sample disciplinary allegations to make this kind of affidavit.
Save time composing and typing your own version. Save money in salaries asking employees to draft and compose your own for days on end, and make it easier for you, your team, and company to draft this Affidavit.
Employee may need to be vaccinated to ensure health and safety at work. But the lingering question is if the employees can be compelled to receive COVID-19 jabs by the employer.
The right of Filipinos to health is a constitutional right. It is enshrined under Article II, Section 15 of the 1987 Constitution that the State shall protect and promote the health of the people and instill health consciousness among them.
The State is further mandated under Article XIII, Section 11 of the Constitution to adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost.
Republic Act No. 3720, or the “Food, Drug and Cosmetic Act,” as amended by Executive Order No. 175, s. 1987, and Republic Act No. 9711, or the “Food and Drug Administration Act of 2009,” created the Food and Drug Administration (FDA) to establish and maintain a drug regulatory system to ensure the purity, safety, efficacy and quality of drugs and vaccines in the country.
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Section 21 of Republic Act No. 3720, as amended, provides that any new drug should have an authorization from the FDA based on an application containing full reports of investigations to show whether or not such drug is safe, efficacious and of good quality for use based on clinical studies, prior to manufacture, sale, importation, exportation, distribution or transfer thereof.
Pursuant to Proclamation Nos. 922 (s. 2020) and 1021 (s.2020), the Philippines was declared under a State of Public Health Emergency, and a State of Calamity due to the COVID-19 pandemic.
Subsequently, Republic Act No. 11494 or the “Bayanihan to Recover as One Act” was enacted authorizing the President to suppress the COVID-19 pandemic through the procurement of drugs and vaccines.
The President of the Republic of the Philippines issued Executive Order (EO) No. 121 entitled “Granting Authority to the Director General of the Food and Drug Administration to Issue Emergency Use Authorization (EUA) for COVID-19 Drugs and Vaccines, Prescribing Conditions therefore and for other Purposes.” Said issuance gave authority to the Director General to issue an EUA, and established the conditions under which said authorization may be issued.
The FDA introduced the process for the issuance of EUA to sustain and strengthen the national preparedness for the COVID-19 public health emergency. The principles of regulatory reliance and recognition are adopted to accelerate the evaluation and approval process for EUA to ensure immediate access to drug products and vaccines for COVID-19.
Since there are no laws, rules, or regulations requiring employees to undergo vaccination, the employer does not have clear legal basis to prosecute employees who may refuse to get the jab.
At any rate, the employer can obtain the consent of the employee where the latter executes a document consenting to the vaccine, accepting its risks and benefits, as well as waiver of the Data Privacy Law.
The template in this product is in Affidavit Format, written in Word 360 and is editable. Below are the contents of the Affidavit containing declarations, acknowledgment and undertaking of the employee in giving consent to the vaccination:
- Last Name, First Name, Middle Initial
- Date of Birth
- Gender
- Address
- Phone Number
- Name of Provider
- Statement of legal age
- Statement of consent
- Clause stating understanding that the vaccination is voluntary and that the employee is not required to receive this vaccine or to receive this vaccine as a condition of employment
- Acknowledge that it is not possible to predict all possible side effects or complications associated with receiving the vaccine.
- Understanding that the employer is not making any representations or warranties regarding the vaccine and its general safety
- The employee has been provided with and has read the Emergency Use Authorization (“EUA”)
- Statement that the employee was given the opportunity to ask questions about the vaccine, including but not limited to the risks and benefits of the vaccine, and all of questions have been answered to satisfaction.
- Statement that the employee read and understood the benefits and risks of vaccination, and he voluntarily assumes full responsibility for any reactions that may result from receiving the vaccine
- Understanding that the employee may be asked to remain in the vaccination administration area for 15 to 30 minutes after the vaccine is administered to be monitored for potential adverse reactions, and agree to report any complaints that I may have to the provider while there.
- After leaving the facility, understanding that if the employee experiences any side effects, he should either call his physician or go to the nearest emergency department
- Statement of understanding that in order for the vaccine to be effective, he must receive two doses
- Statement that the employee has been provided an appointment date to receive the second dose, and understand that it is solely his responsibility to return for this second dose at the scheduled time
- Acknowledgment that employee’s failure to appear for the scheduled appointment will compromise the effectiveness of the vaccination
- Authorization to the employee to use and disclose any and all information related to my priority to receive, and actual receipt of the COVID-19 vaccine, including outreach for scheduling, the date of appointments, whether the employee appears for the appointments and any information he discloses or reports to the employer relating to the experience with the vaccine, including side effects or the development of COVID-19 symptoms within the employer, including, without limitation, Human Resources, and Occupational Health and Safety Committee
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Release, Waiver & Quitclaim Terminated Standard
₱1,045.00I, MS. ANNE DERSTUD, of legal age, Filipino, and a resident of BLND45, Kopi St., Villamor Airbase, Brgy 183 Pasay City, after having been duly sworn to in accordance with law, do hereby depose and state, that:
- On June 17, 20___ I was validly TERMINATED for just cause on account of my violations of the law, company rules, policies, and procedure;
- For and in consideration of the receipt of the amount of FIFTY THOUSAND PESOS (PhP50,000.00), as my final pay, which is a full and complete settlement of all salaries and employment benefits which includes but is not limited to last salary due, monetized Service Incentive Leave (SIL), 13th month pay, and other benefits;
- I acknowledge the receipt of the abovementioned sum representing full satisfaction of all emoluments and compensation that I may be entitled to under the law, contract, or company policy for the service I have rendered for the Company;
- I acknowledge the validity of my dismissal/termination from service. I do hereby release, remiss and forever discharge XYZ Corporation, Savrasa Werpa and the companies’ officers, directors employees, managers, agents, and representatives, from any and all liabilities, damages, claims which may now or in the future arise as a result of my work with the company.
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- If found hereinafter that there would be any other sums that I am entitled to, prior to this, or in the future, that the amount I mentioned above which I herein duly received, shall constitute as full and final settlement for such;
- I hereby voluntarily, freely and unconditionally declare that I have no further claims or right of action, whether past, present, future or contingent, of whatever nature and hereby waive any and all claims and causes of actions or judgments of any tribunal I may have in my favor of or against the Company its officers, directors, representatives, agents and assigns including but not limited to, matter of DISMISSAL, for lack of cause of action, arising from my employment and the cessation thereof;
- I will institute no action, whether civil, criminal, labor or administrative against the company its directors, officers, employees, agents and clients. Any and all actions which I may have commenced either solely in my name or jointly with others before any office, board, bureau, court, or tribunal against the company, its directors, officers, employees, agents and clients are hereby deemed and considered voluntary withdrawn by me and I will no longer testify or continue to prosecute said action(s) and that the same shall be dismissed;
- I execute this Release, Waiver & Quitclaim voluntarily and freely, without any force, duress, improper pressure, or intimidation from anyone and with full understanding of the contents hereof duly explained to me in language that I understand.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 22nd day of July 20___ in the City of Makati.
- ANNE DERSTUD
SSS ID: 12345
TIN: 6789
Signed in the Presence of:
_____________________ _________________________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
CITY OF _________________ ) S.S.
BEFORE ME, a notary public for and in the City of _______________________________, personally appeared the above and presented to me her competent evidence of identity shown above and affirmed to me that this Release, Waiver & Quitclaim, consisting of two (2) pages, including this page where acknowledgment is written, is his own, free, voluntary act and deed.
IN WITNESS WHEREOF, I have hereunto affixed my seal and signature this ______ day of July 20___ in the City of ______________________.
Doc. No.: ______________;
Page No.: ______________;
Book No.: ______________;
Series of 20___
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Authority to Withhold and Deduct
₱1,150.00This template is a document intended to facilitate the crafting of an Authority to Withhold and Deduct from the pay or benefits of the employee who has liability from the company.
The liability may come from loan, damages, advances, or any unaccounted sum, etc.
The company is guided by the important provisions such as acknowledgment of liability. The user has to fill out the nature of liability (e.g., loan, damages, advances, unaccounted, sum, etc.).
The document may be notarized as well. The lack of notarization will not affect the validity. However, the notarization of this instrument adds weight to the declaration of the employee and admission of liability, in case of dispute in the future.
Hence, whether or not to have the document notarized, is an option of the company depending on its policy governing the weight of the documents executed by employees.
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This template provides:
- Name of employee
- Personal circumstances (Filipino, age, address, etc.)
- Acknowledgment of liability or indebtedness
- Undertaking to pay at a certain period
- No prior demand clause
- Authority to withhold and subsequently to deduct
- Valid and binding stipulation
- Non-liability clause
- Release of the company and its officers
- Voluntary execution of the document
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