Product Tag - labor law

  • Guide to Valid Job Contracting and Subcontracting 2nd Edition

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    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 It tackles D.O. 174, Series of 2017 which superseded D.O. 18- A. The DOLE Advisory 01, Series of 2017 providing exceptions.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

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    Product Description (in English) – Compensation Boss
    13th Month Pay Calculator; See Product Description in Filipino / Tagalog below


    This 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.


  • Non-APOR Driver / Fetcher Certification Soft Copy

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    This 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

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    This 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.


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  • Release and Waiver Retirement Standard – Soft Copy Editable Template

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    This 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

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    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 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.


  • Health Checklist & Workplace COVID-19 Protocol – Soft Copy Editable Template

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    On April 30, 2020 the Department Trade and Industry (DTI) and the Department of Labor and Employment (DOLE) issued Interim Guidelines on Workplace Prevention and Control of COVID-19.


    The guidelines require employers to implement Health checklists containing declarations of various information and the Workplace Screening Protocol.


    Below are sample templates of the health checklist and Screening Protocol which are Editable in Word. Templates are available at only P500.00 to be sent via your email.


  • Temporary Flexible Work Arrangement Template – Work from Home – Soft Copy Editable Template

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    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 Agreement establishes the terms and conditions of the Flexible Work Arrangement on account of the COVID-19 outbreak.


    It states the WHEREAS clauses providing for the premises providing the voluntary participation in the temporary program. Parties agree to follow the applicable guidelines and policies for the purpose of supporting the government drive on social distancing.


    It contains the duration and remote place of work (work-from-home), terms and conditions, duties, obligations, and responsibilities, provisions on business exigencies, data protection, return of company assets, and temporary costs on the company.


    This also includes agreement on data privacy and confidentiality, applicability of all other company policies, modification, and termination.


    This template is drafted on an 8.5” x 13” Word format, containing four (4) pages, using Arial font 12.


    Temporary Flexible Work Arrangement COVID-19


  • Salary & Benefit Adjustment Agreement (in Filipino / English) – Soft Copy Editable Template

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  • Digest of SC Decision on Labor 2017 Ring-Bound version

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    This ring-bound edition of the Digest of the Critical Supreme Court (SC) Decisions on Labor Cases Year 2017 is an essential tool for HR/Labor Practitioners, HR Managers, Business Owners, and even law students in achieving a quick grasp of the critical decisions of the SC on certain labor cases.


    The product is printed in 8.5” x 13” paper, ring-bound, with plastic front and support paper at the back. Introductory price is only P845.00 which will run for a limited period.


    The digested cases are presented showing the facts, the ruling of the labor tribunals (Labor Arbiter [LA], National Labor Relations Commission [NLRC], or other adjudicatory bodies of the DOLE, Court of Appeals [CA], and the Supreme Court [SC]).


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  • Release, Waiver and Quitclaim of Deceased Employee by Sole Heir – Soft Copy Editable Template

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    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.



  • Affidavit of Employee Consent for COVID-19 Vaccination – Soft Copy Editable Template

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    This 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:


    1. Last Name, First Name, Middle Initial
    2. Date of Birth
    3. Gender
    4. Address
    5. Phone Number
    6. Email
    7. Name of Provider
    8. Statement of legal age
    9. Statement of consent
    10. 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
    11. Acknowledge that it is not possible to predict all possible side effects or complications associated with receiving the vaccine.
    12. Understanding that the employer is not making any representations or warranties regarding the vaccine and its general safety
    13. The employee has been provided with and has read the Emergency Use Authorization (“EUA”)
    14. 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.
    15. 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
    16. 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.
    17. 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
    18. Statement of understanding that in order for the vaccine to be effective, he must receive two doses
    19. 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
    20. Acknowledgment that employee’s failure to appear for the scheduled appointment will compromise the effectiveness of the vaccination
    21. 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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