Product Tag - labor law

  • Release, Waiver & Quitclaim Terminated Standard

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    I, 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:

     

    1. On June 17, 20___ I was validly TERMINATED for just cause on account of my violations of the law, company rules, policies, and procedure;

     

    1. 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;

     

    1. 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;

     

    1. 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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    1. 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;

     

    1. 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;

     

    1. 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;

     

    1. 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.

     

     

    1. 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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    1,045.00
  • Authority to Withhold and Deduct

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    This 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:

     

    1. Name of employee
    2. Personal circumstances (Filipino, age, address, etc.)
    3. Acknowledgment of liability or indebtedness
    4. Undertaking to pay at a certain period
    5. No prior demand clause
    6. Authority to withhold and subsequently to deduct
    7. Valid and binding stipulation
    8. Non-liability clause
    9. Release of the company and its officers
    10. Voluntary execution of the document

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    1,150.00
  • Hepatitis B Prevention and Control Policy

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    This template is in accordance with the with the provisions of Department Advisory No. 5, Series of 2010 of the Department of Labor and Employment mandating the institution of policies and programs on the prevention and control of Hepatitis B in the workplace.

     

    Reminder!!! Buyer of any of the HR Bundle Products should CHECK if this product is already part of the HR bundle before proceeding to buy. Thank you!

     

    This expresses the company’s adoption of the policies and programs on the prevention and control of Hepatitis B in the workplace.

     

    The softcopy template is written in Word document using MS Office 365 version, Arial font, 12 font size, containing 4 pages of 8.5”x11” layout.

     

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    In compliance with the DOLE issuance, this template provides the following:

    1. Statement of Legal Compliance
    2. Declaration of Corporate Policy on Hepatitis B Prevention and Control
    3. Purpose
    4. Implementing Structure
    5. Coverage
    6. Guidelines
      – Preventive Strategies
    7. Recording, Reporting and Setting Up of Database
    8. Social Policy
      – Non-Discriminatory Policy and Practices
    9. Work Accommodation Arrangement
    10. Roles and Responsibilities of Workers

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    1,195.00
  • Sample Anti Sexual Harassment Policy

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    This template is in accordance with the provisions of Republic Act No. 7877, otherwise known as “An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment, and For Other Purposes, the following policies and procedure are hereby issued by XYZ CORPORATION to prevent sexual harassment in its workplace and to provide the procedure for the resolution, settlement and/or disposition of sexual harassment cases.

     

    Reminder!!! Buyer of any of the HR Bundle Products should CHECK if this product is already part of the HR bundle before proceeding to buy. Thank you!

     

    This expresses the company’s aim to afford employees the opportunity to work in an environment free of sexual harassment. This template is intended to provide companies or employers the reference to comply with Department of Labor and Employment’s (DOLE) requirement for companies to setup the policy against sexual harassment in the workplace.

    Sexual harassment is a form of misconduct that undermines the employment relationship. No employee, either male or female, should be subjected verbally or physically to unsolicited and unwelcome sexual overtures or conduct.
    The softcopy template is written in Word document using MS Office 365 version, Arial font, 12 font size, containing 4 pages of 8.5”x11” layout.

     

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    In compliance with the DOLE issuance, this template provides the following:

     

    1. Statement of Legal Compliance
    2. Declaration of Corporate Policy on Hepatitis B Prevention and Control
    3. Purpose
    4. Implementing Structure
    5. Coverage
    6. Guidelines
      – Preventive Strategies
    7. Recording, Reporting and Setting Up of Database
    8. Social Policy
      – Non-Discriminatory Policy and Practices
    9. Work Accommodation Arrangement
    10. Roles and Responsibilities of Workers

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    1,198.00
  • Tuberculosis Prevention and Control Policy

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    This template is in accordance with the provisions of Executive Order No. 187 “Instituting a Comprehensive and Unified Policy for Tuberculosis Control in the Philippines (CUP),” and Department Order No. 73-05, Series of 2005 of the Department of Labor and Employment, the company hereby adopts the policies and programs on the prevention and control of tuberculosis in the workplace.

     

    Reminder!!! Buyer of any of the HR Bundle Products should CHECK if this product is already part of the HR bundle before proceeding to buy. Thank you!

     

     

    This expresses the company’s aim to afford a work environment that is compliant with occupational health and safety regulations, conducive to productive work and employee development in compliance with DOLE requirements.

     

    The softcopy template is written in Word document using MS Office 365 version, Arial font, 12 font size, containing 4 pages of 8.5”x11” layout.

     

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    In compliance with the DOLE issuance, this template provides the following:

     

    1. Statement of Legal Compliance
    2. Declaration of Corporate Policy on Hepatitis B Prevention and Control
    3. Purpose
    4. Implementing Structure
    5. Coverage
    6. Guidelines
      – Preventive Strategies
    7. Recording, Reporting and Setting Up of Database
    8. Social Policy
      – Non-Discriminatory Policy and Practices
    9. Work Accommodation Arrangement
    10. Roles and Responsibilities of Workers

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    1,245.00
  • HIV / AIDS Prevention and Control Policy

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    This template is in accordance with the provisions of Republic Act No. 8504, otherwise known as “Philippine AIDS Prevention and Control Act of 1998,” D.O. 102-10 or the rules implementing RA 8504, ILO Code of Practice, and the company hereby adopts the following policy on full protection of human rights and civil liberties of persons suspected or known to be infected with HIV/AIDS.

     

    Reminder!!! Buyer of any of the HR Bundle Products should CHECK if this product is already part of the HR bundle before proceeding to buy. Thank you!

     

     

    This expresses the company’s aim to provide a safe, respectful and discrimination-free work environment to employees and company stakeholders, to uphold human dignity, human rights and civil liberties. The company is committed to afford full protection to persons suspected or know to be infected with HIV/AIDS.

     

    To this end, the company, through a collaborative efforts with its employees, adopts the policy for HIV/AIDS cases.

     

    The softcopy template is written in Word document using MS Office 365 version, Arial font, 12 font size, containing 4 pages of 8.5”x11” layout.

     

    This expresses the company’s adoption of the policies and programs on the prevention and control of Hepatitis B in the workplace.

     

    The softcopy template is written in Word document using MS Office 365 version, Arial font, 12 font size, containing 4 pages of 8.5”x11” layout.

     

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    In compliance with the DOLE issuance, this template shows sample provisions on:

    1. Statement of Legal Compliance
    2. Declaration of Corporate Policy on Hepatitis B Prevention and Control
    3. Purpose
    4. Implementing Structure
    5. Coverage
    6. Guidelines
      – Preventive Strategies
    7. Recording, Reporting and Setting Up of Database
    8. Social Policy
      – Non-Discriminatory Policy and Practices
    9. Work Accommodation Arrangement
    10. Roles and Responsibilities of Workers

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    1,249.00
  • Authority to Deduct / Withhold (Filipino)

    0 out of 5

    This 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 crafted in Filipino / Tagalog.

     

    This is written in MS Word document, editable, provided the user’s device and program are compatible in such platform. This will be sent to the buyer via email upon completion of purchase.

     

    This is the best document to use for employees who are not conversant of the English language and who are more familiar with the Filipino / Tagalog.

     

    This document pertains to the admission of employee of his liability which 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:

     

    1. Name of employee
    2. Personal circumstances (Filipino, age, address, etc.)
    3. Acknowledgment of liability or indebtedness
    4. Undertaking to pay at a certain period
    5. No prior demand clause
    6. Authority to withhold and subsequently to deduct
    7. Valid and binding stipulation
    8. Non-liability clause
    9. Release of the company and its officers
    10. Voluntary execution of the document

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    1,250.00
  • Sample Drug Free Workplace Policy – Soft Copy Editable Template

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    Product Description of Drug-Free Workplace Policy

    This is a soft copy template saved in Word File and editable in Word Document.

     

    This contains the sample terms, conditions, clauses, policy statements, and provisions of the policy described.

     

    See the Description below to view the Contents of this soft copy template.

     

    This template is in accordance with the provisions of Section 47, Article V, Republic Act No. 9165, “The Comprehensive Dangerous Drugs Act of 2002”, and the Department Order No. 53-03, “Guidelines for the Implementation of a Drug-Free Workplace Policies and Programs for the Private Sector” issued by the Department of Labor and Employment (DOLE).

     

    This expresses the company’s adoption of the policy on prevention of drug abuse in the workplace and the procedures of resolution and disposition of such cases.

     

    The softcopy template is written in Word document using MS Office 365 version, Arial font, 12 font size, containing 6 pages of 8.5”x13” layout.

     

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    In compliance with the DOLE issuance, this template provides the following:

     

    1. Statement of Legal Compliance
    2. Declaration of Corporate Policy
    3. Definition of Terms
    a. Employee
    b. Assessment Team
    c. Screening Test
    4. Implementing Guidelines
    5. Involvement of Critical Departments in the Implementation
    6. Education and Awareness Program
    7. Random Drug Testing
    8. Implementation and Evaluation

     

     

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    1,395.00
  • Mandatory Vaccination Policy for Onsite Workers (English Version)

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    1,450.00
  • Sample Project Employment Contract (English Version) – Soft Copy Editable Template

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    CONTRACT FOR PROJECT EMPLOYMENT
    SOFT COPY DESCRIPTION

    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.

     

    Project 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)

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    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.

     

    A sample contract will help employers to overcome the technicalities of this form of employment. This template is easy to edit using the Word application. This version is using MS Office 365.

     

    Salient points of this template are:

    1. Parties
    2. Whereas Clause
    3. Commencement of project
    4. Scope and duration
    5. Duties and responsibilities clause
    6. Completion clause (Phase or entire project)
    7. Automatic termination upon completion
    8. Salary / Wage and benefits
    9. Project bonus (not mandatory under the law but is an indicator of project employment)
    10. Voluntary signing clause
    11. Data privacy consent clause

     

     

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    1,495.00
  • Sample Casual Employment Contract (English Version) – 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.

     

    Casual employment is one of the exceptions to the regular employment provisions under Article 295 of the Labor Code, as amended.

    The Labor Code states that the provisions of written agreement to 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.

     

    An employment shall be deemed to be casual if it is not covered by the preceding paragraph: Provided, That any employee who has rendered at least one year of service, whether such service is continuous or broken, shall be considered a regular employee with respect to the activity in which he is employed and his employment shall continue to exist.

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    For casual employment to exist, the position occupied by the employee should not be usually necessary or desirable in the usual trade or business of the employer.

     

    What is “usually necessary and desirable?” It is a position without which an employer cannot pursue his operation or business.

     

    For instance, in a software development company that sells applications and development services, a computer programmer position is usually necessary and desirable. Without the programmer, the company cannot come up with the product to sell to the market.

     

    But in an insurance firm, computer programmer may not be necessary since the company can still sell insurance products without the programmer. Hence, the programmer in this case may be hired on project employment basis only.

     

    Now, in crafting the contract for casual employment, the employer should bear in mind the following:

     

    • The employment shall not be usually necessary and desirable in the usual trade or business of the employer
    • The employment is limited in scope with respect to the activity in which he is employed
    • The employment shall not exceed one year. If it does, the employee is considered regular with respect to such activity.
    • The contract shall clearly indicate the date of termination or termination upon completion of activity
    • Compensation and benefits
    • Data privacy consent clause
    • Duties and responsibilities
    • Place of posting and transfer

     

    The sample template is editable in Word 365 in 8.5’ x 13’.

     

    There are other helpful contract templates available that can assist employers in running their human resource matters such as the following:

    • Contract for Probationary for Daily Paid Employee in English – View sample contract here
    • Contract for Probationary for Monthly Paid Employee in English
    • Contract for Project Employment  English Version  – View sample contract here
    • Employment Contracts Package (English and Filipino) – View sample contracts here
    • Contract for Casual Employment in English
    • Contract for Casual Employment in Filipino
    • Contract for Probationary Employment for Daily Paid Employee in Filipino
    • Contract for Probationary Employment for Monthly Paid Employee in Filipino
    • Contract for Part-Time Employment in English
    • Contract for Part-Time Employment in Filipino
    • Contract for Seasonal Employment in English
    • Contract for Seasonal Employment in Filipino
    • Contract for Regular Employment Daily Paid in Filipino
    • Contract for Fixed-Term Employment in English
    • Contract for Fixed-Term Employment in Filipino

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    1,495.00
  • Sample Contract for Part-Time Employment (English Version) – 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.

     

    A part-time employee is one who is engaged to perform services for a shorter period of time than those considered as normal in the establishment. This type of employee may undergo probationary period. The probation period of a part-time employee shall be equivalent to the hours it takes a full-time employee to complete a six- month probationary period.

     

    Thus, a part-time employee can be a regular employee also. Acquiring a regular status is not dictated by the amount of time per day one has to render service.

     

    An employee can acquire regular status when the term of his contract shows that he is engaged in a regular or permanent status; when the term of his employment indicates that he is employed for an indefinite period; when he continues to perform work or services even after the expiration of the probationary period, and when he performs work or services usually necessary or desirable in the usual business or trade of the employer.

     

    One’s regularity of employment is not determined by the number of hours one works but by the nature and by the length of time one has been in that particular job. (Perpetual Help Credit Cooperative vs. Faburada, G.R. No. 121948. October 8, 2001)

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    Now, in crafting the contract for part-time employment, the employer should bear in mind the following:

    • The employment is for part-time employment only
    • The contract shall clearly indicate the date of termination or termination upon completion of activity
    • Compensation and benefits
    • Data privacy consent clause
    • Duties and responsibilities
    • Place of posting and transfer
    • Office Decorum

     

    The sample template is editable in Word 365 in 8.5’ x 13’.

    There are other helpful contract templates available that can assist employers in running their human resource matters such as the following:

    • Contract for Probationary for Daily Paid Employee in English – View sample contract here
    • Contract for Probationary for Monthly Paid Employee in English
    • Contract for Project Employment  English Version  – View sample contract here
    • Employment Contracts Package (English and Filipino) – View sample contracts here
    • Contract for Casual Employment in English
    • Contract for Casual Employment in Filipino
    • Contract for Probationary Employment for Daily Paid Employee in Filipino
    • Contract for Probationary Employment for Monthly Paid Employee in Filipino
    • Contract for Part-Time Employment in English
    • Contract for Part-Time Employment in Filipino
    • Contract for Seasonal Employment in English
    • Contract for Seasonal Employment in Filipino
    • Contract for Regular Employment Daily Paid in Filipino
    • Contract for Fixed-Term Employment in English
    • Contract for Fixed-Term Employment in Filipino

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    1,495.00
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