Fixed-Term Employment to Relieve an Ailing Employee
₱1,495.00
This contract should be used sparingly. Fixed-term employment agreement is a highly specialized form since it lies more on the exception than the rule.
This means that when there is doubt as to propriety on the use of this agreement, it shall be resolved by labor authorities in favor of employees. For instance, as between the claim that the employee is fixed-term and regular, the labor tribunal will most likely rule that the employee is regular if there is doubt in the terms used in the agreement.
The sample template here minimizes if not eliminates doubts since this was crafted in accordance with the legal requirements.
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Our jurisprudence had likewise settled the legitimacy of fixed-term employment. In the landmark case of Brent School, Inc. v. Zamora (260 Phil. 747, 756-757, 763-764 (1990).) the Supreme Court held that regular employment rules have no application to fixed-term employment. The latter is a relationship where a fixed period of employment was agreed upon knowingly and voluntarily by the parties, without any force, duress or improper pressure being brought to bear upon the employee and absent any other circumstances vitiating his consent, or where it satisfactorily appears that the employer and employee dealt with each other on more or less equal terms with no moral dominance whatever being exercised by the former over the latter.
The Court laid down the following indicators under which fixed-term employment could not be construed as a circumvention of the law on security of tenure: (a) The fixed period of employment was knowingly and voluntarily agreed upon by the parties without any force, duress, or improper pressure being brought to bear upon the employee and absent any other circumstances vitiating his consent; or
(b) It satisfactorily appears that the employer and the employee dealt with each other on more or less equal terms with no moral dominance exercised by the former or the latter. (OKS Designtech, Inc. vs. Caccam, G.R. No. 211263, August 05, 2015).
Thus, following the above rules, the fixed-term agreement is best for instances where the regular employee has gone on maternity leave. This indicates the replacement as temporary in nature since after the maternity the employee returns to work. The company cannot afford to have two regular employees for the same post. This is the reason why fixed-term contract is the best to use here. It also applies to similar circumstances where temporary assumption of duties of a regular position is necessary. It is much safer not to extend if the term has arrived since this form of contract should strictly follow the rules.
The template here is designed having in mind a regular employee who takes a medical leave due to illness. Since the post is regular or plantilla, the replacement cannot become regular since when the employee on leave returns there cannot be two holders for the same position. That is not the intention of the employer.
Hence, the best contract to use is the Fixed Term since this does not confer regular status as long as the parties have complied with the requisites for valid Fixed Term employment.
In the template, the following are indicated:
1. Parties to the agreement;
2. Whereas clauses;
a. Term
b. Duration
c. Voluntariness
3. Commencement Clause
4. Just and Authorized cause for dismissal or termination
5. Place of posting
6. Duties and responsibilities
7. Compensation and benefits
8. Consent under Data Privacy Law
9. Signature
10. Acknowledgment
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Human Resource Forms, Notices and Contracts Vol. 1
₱499.75Title: Human Resource Forms, Notices & Contracts Made Easy
This book provides 157 samples of employment contracts (probationary, seasonal project and casual), notices to explain covering various offenses, actual notices of dismissal, suspension and warning, among others. All the sample templates are written in English.
The forms used on this book are very important for HR practitioners as they are the ones needed in communicating to employees the terms of employment and due process. They are important evidentiary documents as well in case disputes on dismissal, employment benefits and other matters involving employer-employee relationship reach the labor courts.
These sample forms were designed following the principles laid down in the Labor Code, as amended as well as recent labor jurisprudence. Important principles on just causes of dismissal, five-day notice rule on notice to explain, preventive suspension and the conduct of hearing/conference prior to dismissal are also discussed here.
This book will help HR practitioners in discharging their role as the hub for the maintenance of industrial peace and harmony. Not only that this will help avoid costly mistakes in the event of labor disputes but will also help express the policies and principles of company.
The English forms and templates contained in this book are listed below.
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Pages
I………. Introduction ……………………………………………………. 1
II……… Chapter I: Pre-hiring forms ………………………………. 3
A….. Sample Application Form …………………………. 5
B….. Sample Application Letter by Employee ……. 21
C….. Employment Checklist …………………………….. 23
III…….. Chapter II: Contracts at point of hiring …………….. 27
A….. Employment Contracts ……………………………. 27
B….. Contract for Probationary Employment ………. 45
C….. Contract for Regular Employment …………….. 69
D….. Contract for Casual Employment ………………. 75
E….. Contract for Project Employment ……………… 85
F….. Contract for Seasonal Employment …………… 96
G…. Contract for Fixed Term Employment ………. 105
H….. Contract for Part Time Employment ………… 113
I…… Transfer of Employees …………………………… 121
IV…….. Chapter III: Forms Used During Employment ….. 125
A….. Notices to Explain ………………………………… 129
Sample notices to explain (where imposable penalty is a warning) for the following offenses 131
i…… Violation of company policies on …………………… 132
1….. General Cleanliness ……………………………… 132
2….. Littering ………………………………………………. 133
3….. Smudging ……………………………………………. 134
4….. Disorderly Filing ……………………………………. 135
5….. Designated dining areas ………………………… 136
ii….. Attendance …………………………………………………. 138
1….. Unauthorized undertime ………………………… 138
2….. Violation of coffee break schedule ………….. 139
3….. Violation of lunch break schedule …………… 140
4….. Abandoning post ………………………………….. 141
iii…. Unauthorized absences ………………………………… 142
1….. Absence without leave (AWOL) ………………. 142
2….. Failure to give notice for sickness ……………. 144
iv…. Punctuality/Time-keeping …………………………….. 146
1….. Tardiness …………………………………………….. 146
2….. Failure to log-in ……………………………………. 148
3….. Failure to log-out ………………………………….. 149
v….. Knowingly punching timecard or logging in attendance for other employees 150
vi…. Unauthorized alteration made on one’s timecard or attendance sheet 151
vii… Unauthorized alteration made on other’s timecard with consent of such employee 153
viii.. Unauthorized alteration made on other’s timecard without the consent of such employee 154
ix…. Unauthorized removal of one’s timecard or attendance sheet 155
x….. Unauthorized removal of another’s timecard or attendance sheet 157
xi…. Unauthorized concealment of one’s timecard or attendance sheet 158
xii… Unauthorized concealment of another’s timecard or attendance sheet 159
xiii.. Intentional destruction of one’s timecard or attendance sheet 161
xiv… Intentional destruction of another’s timecard or attendance sheet 162
xv…. Dress Code ………………………………………………….. 164
1….. Without uniform ……………………………………. 164
a….. Reporting for work not in prescribed dress code 164
2….. With Uniform ………………………………………… 165
a….. Reporting for work not in prescribed uniform (barong or blouse) 165
b….. Reporting for work not in prescribed uniform (pants or skirt) 167
c….. Reporting for work not in prescribed uniform (blazer) 169
xvi… Identification card ……………………………………….. 171
1….. Failure to wear ID card ………………………….. 172
2….. Refusal to wear ID card ………………………….. 173
3….. Deliberate destruction of ID card …………….. 175
4….. Deliberate mutilation of ID card ……………… 176
5….. Alteration of entries in the ID card …………… 176
6….. Concealment of one’s ID card ………………… 177
7….. Concealment of another’s ID card …………… 179
8….. Unauthorized and improper use of ID card .. 180
xvii.. Loitering …………………………………………………….. 182
1….. Loitering in unrestricted area ………………….. 182
2….. Loitering in restricted area ……………………… 183
xviii. Insubordination ……………………………………………. 184
1….. Refusal to subject oneself to annual physical examinations 184
2….. Refusal to subject oneself to executive checkup 186
3….. Refusal to abide by auditing procedure ……. 187
4….. Refusal to abide by security and safety regulations 188
5….. Refusal to transfer to another assignment …. 190
6….. Refusal to perform one’s task …………………… 191
7….. Refusal to render overtime work ………………. 192
8….. Refusal to report for holiday work …………….. 194
9….. Refusal to issue disciplinary action to subordinate 195
10… Refusal to obey lawful orders of Superior ….. 196
11… Refusal to give information in a company investigation 198
Sample notices to explain (where imposable penalty is suspension) 199
i…… Attendance …………………………………………………. 202
1….. Unauthorized undertime ………………………… 202
2….. Knowingly punching timecard or logging in attendance for other employees 204
ii….. Insubordination ……………………………………………. 205
1….. Refusal to transfer to another assignment …. 205
iii…. Willful breach of trust (with mitigating circumstance) 207
1….. Misappropriation of fund ………………………… 207
Sample notice to explain (where imposable penalty is dismissal) 209
1….. Notice issued for abandonment of work ……. 211
2….. Notice issued for willful breach of trust …….. 214
Sample notice to explain (where imposable penalty is dismissal with preventive suspension) 216
1….. Notice to explain for Serious Misconduct with preventive suspension 211
2….. Notice to explain for offense involving Willful Breach of Trust 214
Sample notice of hearing/conference ………………………. 222
– Instances where hearing is not necessary ………. 224
– Tips in conducting the hearing/conference …… 225
1….. Hearing for offense involving Willful Breach of Trust 228
2….. Hearing for offense involving serious misconduct 229
B….. Notice imposing disciplinary action (warning) ….. 231
i…… Violation of company policies on …………………… 233
1….. General Cleanliness ……………………………… 233
2….. Littering ………………………………………………. 234
3….. Smudging ……………………………………………. 235
4….. Disorderly Filing ……………………………………. 237
5….. Designated dining areas ………………………… 238
ii….. Attendance …………………………………………………. 240
1….. Unauthorized undertime ………………………… 240
2….. Violation of coffee break schedule ………….. 241
3….. Violation of lunch break schedule …………… 243
4….. Abandoning post ………………………………….. 245
iii…. Unauthorized absences ………………………………… 246
1….. Absence without leave (AWOL) ………………. 246
2….. Failure to give notice for sickness ……………. 248
iv…. Punctuality/Time-keeping …………………………….. 251
1….. Tardiness …………………………………………….. 251
2….. Failure to log-in ……………………………………. 253
3….. Failure to log-out ………………………………….. 254
v….. Knowingly punching timecard or logging in attendance for other employees 255
vi…. Unauthorized alteration made on one’s timecard or attendance sheet 257
vii… Unauthorized alteration made on other’s timecard with consent of such employee 258
viii.. Unauthorized alteration made on other’s timecard without the consent of such employee 260
ix…. Unauthorized removal of one’s timecard or attendance sheet 262
x….. Unauthorized removal of another’s timecard or attendance sheet 263
xi…. Unauthorized concealment of one’s timecard or attendance sheet 265
xii… Unauthorized concealment of another’s timecard or attendance sheet 266
xiii.. Intentional destruction of one’s timecard or attendance sheet 268
xiv… Intentional destruction of another’s timecard or attendance sheet 269
xv…. Dress Code ………………………………………………….. 271
1….. Without uniform ……………………………………. 271
a….. Reporting for work not in prescribed dress code 271
2….. With Uniform ………………………………………… 272
a….. Reporting for work not in prescribed uniform (barong or blouse) 272
b….. Reporting for work not in prescribed uniform (pants or skirt) 274
c….. Reporting for work not in prescribed uniform (blazer) 277
xvi… Identification card ……………………………………….. 278
1….. Failure to wear ID card ………………………….. 278
2….. Refusal to wear ID card ………………………….. 280
3….. Deliberate destruction of ID card …………….. 281
4….. Deliberate mutilation of ID card ……………… 283
5….. Alteration of entries in the ID card …………… 285
6….. Concealment of one’s ID card ………………… 287
7….. Concealment of another’s ID card……………. 288
8….. Unauthorized and improper use of ID card .. 290
xvii.. Loitering …………………………………………………….. 293
1….. Loitering in unrestricted area ………………….. 293
2….. Loitering in restricted area ……………………… 294
xviii. Insubordination ……………………………………………. 296
1….. Refusal to subject oneself to annual physical examinations 297
2….. Refusal to subject oneself to executive checkup 298
3….. Refusal to abide by auditing procedure ……. 300
4….. Refusal to abide by security and safety regulations 301
5….. Refusal to transfer to another assignment …. 303
6….. Refusal to perform one’s task …………………… 305
7….. Refusal to render overtime work ………………. 307
8….. Refusal to report for holiday work …………….. 308
9….. Refusal to issue disciplinary action to subordinate 310
10….. Refusal to obey lawful orders of Superior ….. 312
11….. Refusal to give information in a company investigation 313
C….. Notice imposing disciplinary action (suspension). 315
i…… Attendance …………………………………………………. 315
1….. Unauthorized undertime ………………………… 315
2….. Knowingly punching timecard or logging in attendance for other employees 317
ii….. Insubordination ……………………………………………. 318
1….. Refusal to transfer to another assignment …. 318
iii…. Willful breach of trust (with mitigating circumstance) 320
1….. Misappropriation of funds ………………………. 321
D….. Notice of Dismissal ………………………………………. 324
i…… Notice of Dismissal for Abandonment ………. 324
ii….. Dismissal Notice for Serious Misconduct ….. 330
iii…. Dismissal Notice for Willful Breach of Trust.. 341
V….. Note on the next Volume/s of HR Forms, Notices and Contracts Made Easy 346
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HR Forms, Notices and Contracts 1 Soft Copy Version (150+ Templates in Editable Word)
₱8,495.00Forms, Notices and Contracts
Soft Copy Version (Word File only – Saved as Single File)Alert!: If you were able to purchase any of our soft copy products in the past please double-check that they are not part of these templates. This product is indivisible and individual soft copy templates previously purchased cannot be deducted from the price.
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Based on the book Human Resource Forms, Notices & Contracts Volume One
Features:
- Editable in Word file (Saved as one file “HR Forms Volume 1 Soft Copy”)
- Fonts Used: Arial, Book Antiqua, Garamond
- With separate file showing instructions on How to Use and Navigate the HR Forms
- Product will be sent to Buyer’s Email Account from LVS’ gmail account.
- Over 150 Sample Forms such as:
- Employment Contracts (some with Data Privacy Consent Clause)
Regular
Probationary
Casual
Seasonal
Fixed-Term
Part-Time - Consent under Data Privacy Act
- DOLE Mandatory Policies
- Drug-Free Workplace
- HIV/AIDS
- Hepatitis B
- Tuberculosis
- Anti-Sexual Harassment
- Acknowledgment Receipt of Personal Protective Equipment (PPE)
- Authority to Deduct (Debt)
- Notices to Explain
- Notices of Hearing/Conference
- Notice of Suspension
- Preventive Suspension
- Extension of Preventive Suspension
- Termination Notice
- Extension of Preventive Suspension
- Application Form
- Employment checklist, etc.
- Acceptance of Resignation
- Acceptance of Resignation with Pending Case (Graceful Exit)
- Clearance Form
- Release, Waiver and Quitclaim
- Many more!
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- Editable in Word file (Saved as one file “HR Forms Volume 1 Soft Copy”)
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Ring-Bound: Digest on Critical Supreme Court Decisions on Labor Cases 2016 Cases
₱745.00- Binding: Ring-bound
- Paper size: 8.5” x 13”
- Colored Front Cover with Plastic protection
- Inside: White bond paper with black text
- No. of pages: Approximately 170
- Retail Price: P745.00
ABOUT THE RING-BOUND EDITION
Digest of Critical Supreme Court Decisions on Labor Cases is an ambitious work to provide readers, HR practitioners, lawyers, and law students with crucial information on the Supreme Court decisions in labor cases. The digested cases are handy in tracking the recent rulings which are crucial in policy formulation in labor and employee relations. They are critical in a sense that the changes affect the labor environment and those not in the know may bear the adverse consequences.Read more..
Labor law is like a living organism that changes as time passes by. The employer who is more cognizant of the changes can adapt effectively. The presentation is indexed for easy reference. The book provides a digest of the recent decisions of the Supreme Court in labor such as cases on Retirement, Refusal to retire, Retirement plan vs. Labor Code Redundancy, Redundancy carried out by persons belonging to related companies, Labor claims against related companies, Employment contract, Audited financial statement (AFS) and Judicial notice of losses, Rehiring of some of the retrenched employees, Rehabilitation; and Quitclaim. This Year 2016 Digest covers SC Decisions on Strike; Notice of strike; Illegal strike; Valid dismissal; Employment status deemed lost; Transfer; Promotion; Resignation; force; threat; intimidation; coercion; release; waiver; quitclaim; Res judicata; Conclusiveness of judgment; Certification election; Illegal dismissal; Job contracting; Labor-only contracting; Labor-only contractor; Presumed labor-only contractor; Fixed-term; Fixed-term employment; Independent contractor; Repeated renewal; etc.
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Gabay sa mga Karapatan ng Overseas Filipino Worker (OFW)
₱395.00Title: Gabay sa mga Karapatan ng Overseas Filipino Worker (OFW)
Author: Atty. Elvin B. Villanueva
Publisher: Central Book Supply, Inc.
ISBN: 978-971-011-130-5
No. Of Pages: 185
Size: 6″x9″
Edition: First Edition, 2010
Size: 6″x9″
Binding: Softbound
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Digest of SC Decision on Labor 2017 Ring-Bound version
₱845.00This 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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HR Forms, Notices and Contracts 2 Soft Copy Version (170+ Templates in Editable Word)
₱8,495.00HR Forms 2 Soft Copy is now available offering editable templates in Word Document of 170+ disciplinary forms, notices, policies and sample Code of Conduct (with graduated penalties).
Soft Copy Version (Word File only – Saved as Single File)
Alert!: If you were able to purchase any of our soft copy products in the past please double-check that they are not part of these templates. This product is indivisible and individual soft copy templates previously purchased cannot be deducted from the price.
The regular price of P5,495.00 includes free shipping.
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Based on the book Human Resource Forms, Notices & Contracts Volume Two
Features:
- Editable in Word file (Saved as one file “HR Forms Volume 2 Soft Copy”)
- Fonts Used: Courier New, Arial Fonts
- With separate file showing instructions on How to Use and Navigate the HR Forms
- The product will be sent to Buyer’s Email Account given from LVS’ gmail account.
- Over 170 Sample Forms and Templates such as:
- Sample Notice to Explain for offenses falling under Serious Misconduct, Insubordination/Willful Disobedience, Fraud or Willful Breach of Trust, etc.:
Theft, AWOL, Abandonment of Work, Falsification, Fighting, Sexual Intercourse within Office Premises, Fraud, Falsification of Receipts, Non-Wearing of Uniform/ID, Assaulting a Superior, Libel, Use of Prohibited Drugs, Possession of Prohibited Drugs, Accessing Website During Office Hours, Downloading Pornographic Videos, Playing Computer Games, etc. - Sample Notice of Hearing/Conference for offenses falling under Serious Misconduct, Insubordination/Willful Disobedience, Fraud or Willful Breach of Trust, etc.:
Theft, AWOL, Abandonment of Work, Falsification, Fighting, Sexual Intercourse within Office Premises, Fraud, Falsification of Receipts, Non-Wearing of Uniform/ID, Assaulting a Superior, Libel, Use of Prohibited Drugs, Possession of Prohibited Drugs, Accessing Website During Office Hours, Downloading Pornographic Videos, Playing Computer Games, etc.
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- Sample Notice of Dismissal for offenses falling under Serious Misconduct, Insubordination/Willful Disobedience, Fraud or Willful Breach of Trust, etc.:
Theft, AWOL, Abandonment of Work, Falsification, Fighting, Sexual Intercourse within Office Premises, Fraud, Falsification of Receipts, Non-Wearing of Uniform/ID, Assaulting a Superior, Libel, Use of Prohibited Drugs, Possession of Prohibited Drugs, Accessing Website During Office Hours, Downloading Pornographic Videos, Playing Computer Games, etc. - Sample Notice of Retrenchment
- With Criteria
- Recall of notice
- Sample Notice of Redundancy
- Sample Notice of Termination Due to Installation of Labor Saving Device
- Sample Notice of Termination Due to Disease
- Sample CBA
- Sample Code of Conduct
- Sample Employee Handbook (containing clause on Expanded Maternity Leave)
- Many more!
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- Editable in Word file (Saved as one file “HR Forms Volume 2 Soft Copy”)
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Guide To Valid Dismissal Of Employees (The HR Practitioner’s Handbook)
₱320.00Title: Guide To Valid Dismissal Of Employees (The HR Practitioner’s Handbook)
The book by Atty. Elvin B. Villanueva provides a refreshing and analytical insight on the matter with a twist of Human Resource outlook. His works, the HR Guide Series, which includes the “Guide to Valid Dismissal of Employees” and the “Guide on Employee Compensation and Benefits,” provide a compelling lineup of various topics on labor and human resources.
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Batas Kasambahay
₱390.00Title: Batas Kasambahay
Batas Kasambahay or Republic Act 10361 is a milestone legislation for Kasambahays all over the country. This by far has offered strong protection and more benefits for covered workers.
Salient provisions discussed in the book are new minimum wage, 5-day service incentive leave benefit, SSS, Philhealth and Pag-ibig coverage, payroll retention of 3 years, communication rules, grounds for termination, rescue, deployment expenses and debt bondage.
The book likewise provides Filipino excerpts on certain concepts for terms that are best expressed in our language. For those who initially read the draft of the book found the contents very useful. In fact, it can serve as handy reference for every household since topics are easy to read, well explained and the format is conducive to easy reading.
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Employee Transfer & Demotion
₱347.00Title: Employee Transfer and Demotion
The book provides updated answers to the most pressing questions on employee transfer and demotion. This is must-have for employers who would want to make the right decision and avoid or minimize labor disputes.
This work will guide the practitioners and business owners in navigating the treacherous terrain of transfer and demotion. Questions regarding timing of transfer, acts to avoid, lateral position, location, and rank are concisely discussed in this work. The dos and don’ts in demotion are also clearly and completed explain.
The concepts are easy to understand making this book an important arsenal in every HR practitioner or business owner’s library.
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Guide to Valid Dismissal of Employees 2nd Edition
₱785.00Title: Guide to Valid Dismissal of Employees 2nd Edition
Guide to Valid Dismissal of Employees 2014 Edition contains updated HR literature on terminal laws, rules and regulations including 2013 cases and other newly establishment doctrines and principles. The best-selling first edition of the book got even better with discussion of relevant provisions on retirement in relation to employee dismissal, rule on separation pay when dismissal is valid, preventive suspension , just causes, authorized causes, termination due to disease, bona fide suspension of operations and other related principles.
This book will prove helpful to all HR practitioners and professionals on employee or labor relations.
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