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Mental Health Policy and Programs Template
₱1,498.00This Template provides sample policies and programs in compliance with Republic Act No. 11036 (Mental Health Act), Department Order No. 208, Series of 2020 (Guidelines for the Implementation of Mental Health Workplace Policies and Programs for the Private Sector), and Republic Act No. 11058 (An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof).
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Contract for Probationary Employment Daily Paid Employee – Soft Copy Editable Template
₱1,595.00CONTRACT FOR PROBATIONARY 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.
A probationary employee is one who, for a given period of time, is being observed and evaluated to determine whether or not he is qualified for permanent employment.
A probationary appointment affords the employer an opportunity to observe the skill, competence and attitude of a probationer.
The word probationary, as used to describe the period of employment, implies the purpose of the term or period (Enchanted Kingdom, Inc. vs. Verzo, G.R. No. 209559, December 09, 2015).
While the employer observes the fitness, propriety and efficiency of a probationer, to ascertain whether he is qualified for permanent employment, the probationer, at the same time, seeks to prove to the employer that he has the qualifications to meet the reasonable standards for permanent employment. (41Escorpizo v. University of Baguio, 366 Phil. 166, 175-176 (1999).)
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The concept of probationary employment was, thus, introduced for the benefit of the employer to provide him with ample time to observe and determine whether a newly hired employee has the competence, ability and values necessary to achieve his objectives.
Probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. An employee who is allowed to work after a probationary period shall be considered a regular employee.
Employers should be careful in crafting probationary employment since any ambiguity shall be resolved in favor of labor (Art. 4, Labor Code). Such favor means regular employment since it offers a better status of the employee.
It bears noting as well that an employee who was not informed of the reasonable standards for regular employment shall be deemed as regular from day one. Thus, it makes better sense when these standards are included in the contract.
As held in Buiser vs. Leogardo, an probationary employment may also be extended upon mutual consent of the parties. This means that instead of terminating an employee who failed the trial period he is given a chance. Now, to avoid ambiguity, the employment contract should already provide a clause for this just like what is found in this template.
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 probationary employment
4. Extension Clause
5. Termination of Employment
6. Place of Posting
7. Duties and responsibilities clause- Reasonable Standards Metrics
i. Performance
ii. Punctuality/Attendance
iii. Behavior
iv. Teamwork
v. Initiative - Periodic Evaluation
- Passing Clause
8. Compensation and Benefits
9. Office Decorum
10. Non-compete Clause
11. Training Expenses
12. Data privacy consent clauseclose
- Reasonable Standards Metrics
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Release, Waiver and Quitclaim Third Party Shot Dead – Soft Copy Editable Template
₱1,595.00DESCRIPTION OF RELEASE, WAIVER & QUITCLAIM FOR NON-EMPLOYEE WHO WAS SHOT DEAD
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 form contemplates a situation where there are claimants against the company for the alleged death caused by its security contractor who shot dead the individual or third-party individual. There are other situations where death may be caused to third party.
The challenge always is how to craft a document that will legally improve the protection of the company against any lawsuit if it intends to extend a helping hand to the relatives of spouse of the deceased.
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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Contract for Project Employment – Filipino/Tagalog – Soft Copy Editable Template
₱1,648.00This 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.
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)
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
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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 with provisions substantially expressed in Filipino / Tagalog.
Salient points of this template are:
- Parties
- Whereas Clause
- Commencement of project / Simula ng Kontrata para sa pansamantalang Trabaho
- About the Project or Ang Proyekto (duration, nature, fact that the project was explained)
- Duties and responsibilities clause / Mga tungkulin
- Completion clause (Phase or entire project) / Pagtatapos ng proyekto
- Automatic termination upon completion
- Salary / Wage and benefits / Mga benepisyo
- Project bonus (not mandatory under the law but is an indicator of project employment) or Completion Bonus
- Voluntary signing clause / Kusang-loob sa pagpirma
- Data privacy consent clause / Pagsang-ayon sa ilalim ng Data Privacy
- Pagsang-ayon ng pagreport sa DOLE pag natapos ang proyekto
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Sample Fixed-Term Employment Contract in English – Soft Copy Editable Template
₱1,685.00This product is a soft copy template providing sample allegations, statements, provision, and clauses usually found in this type of document.
Save time composing and typing your own version. Save money in salaries asking employees to draft and compose this for days on end, and make it easier for you, your team, and company to draft your own version.
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Template Probationary Contract Filipino/Tagalog Version – Soft Copy Editable Template
₱1,725.00This 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 below to view the Contents of this soft copy template.
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Contract For Regular Employment Monthly Paid (English Version) – Soft Copy Editable Template
₱1,845.00This 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.
A regular employee is one who passed the probationary period, has been in the company for at least six months, or was engaged as such without undergoing probationary period.
The legal basis of regular employment is mainly Article 295 of the Labor Code, as amended.
Article 295 provides 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.
This means that even if there is a written agreement that the employee is not of regular status, he is still considered regular if has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer.
This template is for monthly paid employees. As opposed to daily paid, monthly paid employees
Monthly-paid employees are those who are paid every day of the month, including unworked rest days, special days, and regular holidays. Factor 365 days in a year is used in determining the equivalent monthly salary of monthly-paid employees. (I, D, DOLE 2020 Handbook Workers’ Statutory Monetary Benefits)
Daily-paid employees are those who are paid on the days they actually worked and on unworked regular holidays. (Ibid.)
With the use of 365-day factor, the company should make sure that employees engaged are not below the minimum. The 365 day factor is used to determine the daily rate of the monthly paid employee. For instance, if an employee earns PhP20,000.00 per month, the daily equivalent using the 365 factor is as follows:
PhP20,000 per month x 12 months = PhP240,000
PhP240,000 per year / 365 days per year = PhP657.53 per day
Hence, the daily equivalent of the monthly pay of PhP20,000 is PhP657.53.
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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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:
- Parties
- Whereas Clause
- Commencement of probationary employment
- Termination of Employment (Just and Authorized Causes)
- Place of Posting
- Duties and responsibilities clause
- Performance Appraisal
• Reasonable Standards Metrics
– Performance
– Punctuality/Attendance
– Behavior
– Teamwork
– Initiative - Compensation and Benefits
- Office Decorum
- Confidentiality
- Non-compete Clause
- Training Expenses
- Data privacy consent clause
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Sample Notice of Retrenchment & Dole Report Editable Templates
₱1,895.00Terminating and employee is a tricky and dangerous decision on the part of the employer considering the risk of being sued in labor courts. While there is no guarantee that an employer cannot be hailed to court, the employer can ensure strong defense through the use of correct forms and observance of valid procedure.
This product will help companies and employers make a valid decision to exercise the prerogative to terminate where the situation warrants. The headache of composing the notice from scratch is minimized with the use of these templates as a guide.
This template consists of Notice of Retrenchment to employee concerned and the guide on how to fill out the DOLE report form based on the retrenchment decision. The sample filled out DOLE Report is provided here as reference only. What is being sold here is the idea on how to fill out the form, the sample contents based on the Notice of Retrenchment to serve as guide for the user and not the DOLE form itself.
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The DOLE form is not for sale by the DOLE. It is free on its website at http://ncr.dole.gov.ph/default.php?retsamlakygee=23&resource=617a4046ef07a0d9851942247a994cf9. If you are just after the DOLE Establishment Report form, then do not buy this product and just download the form from the DOLE website. This is the DOLE RKS Form 5 2020 Version.By the time you purchased this there could already be another version. Hence, just follow this sample DOLE report as a guide whenever there is already a new DOLE report form.
Retrenchment is resorted to when the company/employer wants to reduce the number of employees due to certain business conditions. Under the law, the employer may terminate the employment of any employee due to retrenchment to prevent losses by serving a written notice on the workers and the Department of Labor and Employment (DOLE) at least one (1) month before the intended date thereof.
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Rating Tabulation for Probationary Employee
₱1,950.00This product provides the tabulation for the metrics for probationary employee. LVS has a template for probationary contract.
The rule on probationary employment is that the employee becomes regular by operation of law after six (6) months of probationary employment. Now, the employer is expected to rate the employee at such frequency necessary.
The ideal is monthly rating. However, to balance administrative feasibility, it may be recommended that frequency be at least three times prior to 5th month of probation. For instance, after 2 months, after 3 months, and after 5 months of probationary status.
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The rating clause in the probationary template provides, as follows:
- In the performance of duties, the PROBATIONARY EMPLOYEE shall be evaluated to determine fitness for the position as a regular worker. The following standards of weight shall be used to ascertain whether she would qualify as a regular employee:
- Performance 30%
- Punctuality/Attendance 20%
- Behavior 20%
- Teamwork 20%
- Initiative 10%
- The total weight is 100%. If the PROBATIONARY EMPLOYEE receives a total weight below 85% it shall be deemed as failure to meet the standards which may be ground for dismissal based on failure to qualify;
- Performance metrics representing 30% of the total weight shall be based on the following:
- Business knowledge 20%
- Output/production 50%
- Resourcefulness 20%
- Teamwork 10%
- Punctuality/attendance shall be 20% subject to deduction of 3% for every instance of tardiness and 4% for every instance of absence. Absence due to medical reason shall be supported with notarized medical certificate and for other reasons a sworn statement of the fact of absence and affidavits of disinterested persons. Failure to produce said documents and records within two (2) days from absence shall be deemed unauthorized absence;
- Behavior shall be 20% subject to deduction for every citation or violation of company rules, to wit:
- Written warning – less 2%
- Stern warning – less 5%
- Written reprimand – less 6%
- 1-day Suspension – less 7%
- Longer suspension – less 10%
- The PROBATIONARY EMPLOYEE is expected to be a team player and work in coordination with other employees. A teamwork rating shall be made by immediate superior based on the result of the latter’s interview or assessment of the feedback of other employees or team members, as the case may be;
- The rating for Initiative shall be given by the immediate superior based on how the PROBATIONARY EMPLOYEE acts on tasks on his/her own without any express direction by the superior bearing in mind the goals and objectives of the company.
To rate such employee, it is easier if there is already a table showing the rating weights so the rater can just fill out the numbers and calculate the total score.
This product supplies the template for the table based on the above rating weights which can be very helpful to arrive at the decision whether to regularize the probationary employee or terminate the services.
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Code of Conduct – Soft Copy Editable Template
₱2,450.00This product is a soft copy template providing sample disciplinary statements, procedures, offenses and their penalties usually found in the company’s Code of Conduct.
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 your Code of Conduct.
This product features one of the best-selling soft copy and editable English language templates of LVS Rich Publishing.
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Employee Handbook – Soft Copy Template
₱2,500.00This product is a soft copy template providing sample provisions, policies, and statements usually found in the company’s Employee Handbook.
Save time composing and typing your own version. Save money in salaries asking employees to draft and compose the handbook for days on end, and make it easier for you, your team, and company to draft your own Employee Handbook with suggested provisions and statements.
This product features one of the best-selling soft copy and editable English language templates of LVS Rich Publishing.
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Probationary Employment Evaluation Packet Super 5™ – Soft Copy Editable Template
₱2,795.00How to Evaluate Probationary Employees Using the
Probationary Employment Evaluation Packet Super 5This 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 contracts described and the forms included.
See the Description below to view the Contents of this soft copy template.
One of the challenging aspects of monitoring the performance of a probationary employee is the establishment of performance ratings, metrics, or measures.
It is a settled rule that a probationary employee who was not apprised of the reasonable standards of performance to become regular employee is deemed regular from day one.
The same effect occurs for employees who have been with the company for at least six months and have not undergone performance evaluation. No matter how low did the probationary employee perform if the employer did not rate him with reasonable standards terminating the worker for failure to qualify is extremely risky.Read more..
Thus, when dealing with probationary employees, the company should have:
- Reasonable standards
- Made known such standards at the time of engagement
- Performance measures
- Periodic evaluation
- Clear rating plan, form, and template
With the right tools, the life of the employer would be bearable and the risk minimized to manageable level.
It is indeed a nerve-wracking exercise to devise the reasonable standards from scratch. However, this is made easy by the new products of LVS Rich Publishing known as the Probationary Employment Evaluation Packet Super 5.
This new soft copy product provides the proposed standards required for probationary to perform to qualify as regular employee. There are metrics with ratings and weights. There is a sample evaluation form where the employee rates himself and his superior then an average of the two ratings is obtained.
The rating system covers Performance, Punctuality/Attendance, Behavior, Teamwork, and Initiative. The total weight is 100%. If the probationary receives an average weight below 75% in one month, it shall be deemed as failure to meet the standards which may be ground for dismissal based on failure to qualify. Of course the buyer of this product can change the weight and rates according to what is considered applicable and necessary.
Performance metrics representing 30% of the total weight is based on Business Knowledge, Output/Production, Resourcefulness, and Teamwork.
Punctuality/attendance is one of the tricky areas to measure. The template though considers this as already 100% of its weight. It is given 20% weight subject to deduction of 3% for every instance of tardiness and 4% for every instance of unauthorized absence.Behavior is another matter of the same level of difficulty. To rate this, it is already pegged at 20% subject to deduction for every citation or violation of company rules, such as:
- Written warning – less 2%
- Stern warning – less 5%
- Written reprimand – less 6%
- 1-day Suspension – less 7%
- Longer suspension – less 10%
As to Performance metrics, sample rating spread can be seen in the Performance Review Template Excel File under the “Performance Weights” Sheet.
The rating system provides the following:
Outstanding Performance (OP) – Highest performance rating Reserved for individuals who continually achieve outstanding results and utilize their abilities in making contributions beyond their primary areas of responsibility.
Commendable Performance (CP) – Performance is above the expected level for the position making contributions beyond expectations in completion of assignments.
Effective Performance (EP) – Performance consistently meets supervisory expectations of the position requirements in making a valuable contribution to the overall objectives of the Group.
Marginal Performance (MP) – Performance does not consistently meet normal expectations and position requirements, improvement is required.
Unacceptable Performance (UP) – Performance fails to meet normal expectations and position requirements. Termination should be considered unless improvement is demonstrated in a short period of time.The buyer can Print Sheet 1 of the Performance Review Template Excel File entitled “Proby Metrics” Sheet as form in Performance Review where ratings shall be filled in. This will be used to tally the evaluation results based on performance metrics.
The Evaluation Packet comes with the Evaluation Guidelines file in Word document that will guide the user on how the evaluate the probationary employee using this product.
To further make this exercise easy, a sample evaluation of probationary employee is provided just to give the user a complete picture of how it will be done.
Upon purchase, the following files will be sent to the buyer’s email account from LVS’ Gmail Account:
- Contract of Probationary Employment for Daily Paid Employee (in Word document file)
- Description of the Contract of Probationary Employment for Daily Paid Employee (in Word document file)
- Evaluation Guidelines – Template (in Word document file)
- Performance Review Template (in Excel File)
- Sample Probationary Evaluation Template (in Word document file)
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