Compensation Boss: 13th Month Pay Calculator Employees Version
₱59.00
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.
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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
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Sample Fixed-Term Employment Contract in English – Soft Copy Editable Template
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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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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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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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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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Sample Project Employment Contract (English Version) – Soft Copy Editable Template
₱1,495.00CONTRACT FOR PROJECT EMPLOYMENT
SOFT COPY DESCRIPTIONThis 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)
Read more..
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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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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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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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.
Read more..
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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