Guide to Valid Job Contracting & Sub Contracting
₱745.00
Title: Guide to Valid Job Contracting & Sub Contracting
This work will enlighten contractors, principals and all parties involved in contracting the rules, doctrines and principles behind job contracting. Discussed in this book are rules on labor-only contracting, right to control, supervision, registration, licensing, payment of wages, contracting in construction industry, security service, among others. Laws and rules discussed are D.O. 18-A, Articles 106-109 of the Labor Code, as amended, D.O.19, Series of 1998, RA 5487 on security contracts and its implementing rules.
Employers and Companies will benefit from extensive discussion on various issues on job contracting.
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Description
Title: Guide to Valid Job Contracting & Sub Contracting
Author: Atty. Elvin B. Villanueva
Publisher: Central Book Supply, Inc.
ISBN: 978-971-011-582-2
No. Of Pages: 434
Size: 6″x9″
Binding: Softbound
Additional information
| Weight | .81 kg |
|---|---|
| Softbound / Ebook | Softbound, Ebook, Get both |
17 reviews for Guide to Valid Job Contracting & Sub Contracting
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The following are the offenses contained in the template:MGA ALITUNTUNIN AT PATAKARAN SA PAGDIDISIPLINA
I. Mga Kahulugan ng Terminolohiya:
Written Warning
Stern Warning
Reprimand
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II. DISCIPLINARY POLICY (MGA POLISIYA SA DISIPLINA)
III. PAMAMARAAN SA PAGPATAW NG DISIPLINA (DISCIPLINARY PROCEDURE)
IV. MGA PAGLABAG AT KAPARUSAHAN (OFFENSES AND THEIR PENALTY)
a. KALINISAN AT KAAYUSAN SA LUGAR NG TRABAHO (HOUSEKEEPING AND SANITATION)
b. ORAS NG PAGPASOK SA TRABAHO (ATTENDANCE)
c. MGA HINDI AWTORISADONG PAGLIBAN SA TRABAHO (UNAUTHORIZED ABSENCES)
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f. MGA PAGLABAG TUNGKOL SA ID O IDENTIFICATION CARD (OFFENSES INVOLVING IDENFICATION CARD)
g. MGA ASAL SA TRABAHO (WORK BEHAVIOR)
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m. PAGSIRA NG TIWALA (BETRAYAL OF TRUST)
n. KAPABAYAAN SA TRABAHO O NEGLECT OF DUTY
o. SEXUAL HARASSMENT
p. PAULIT-ULIT NA MGA PAGLABAG NG MGA PATAKARAN (HABITUAL VIOLATIONS)
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Guide to Valid Job Contracting and Subcontracting 2nd Edition
The subject matter of job contracting and subcontracting is a trick territory for businesses their owners. Understanding the technical sides of it are left to the experts and practitioners.
Nonetheless, even experts find the topic challenging. This book is intended to help companies, business owners, managers, expats, and HR practitioners navigate through the “treacherous waters” of job contracting and subcontracting.
While the word “treacherous” used to describe it may be strong the association to it is justified by the fact that engaging in contracting is very technical. A single mistake, regardless of intentions, of the parties will be catastrophic.
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Imagine, for instance, a big company contracting hundreds of workers with what it thought was a legitimate contract, which due to technical errors the
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Also, R.A. 11058 and relevant decisions of the Supreme Court on the matter, most especially, on off-detail status in a 2019 case, Bognot vs. Pinic International (Trading) Corporation/CD-R King, et al., (G.R. No. 212471, March 11, 2019). Can individuals with unique skills and talents engage in contracting without registration under D.O. 174? The author discussed the answer in this work.
Salient points of D.O. 174 include the substantial capital of P5 million, shortened validity of the registration, concepts of temporary off-detail, expiration of service agreement, termination for just cause, authorized cause, and not due to expiration of service agreement and their implications.
This book is a compliance guide, first and foremost, to help businesses in their quest to achieve their objectives the legal way and without accidentally falling in the traps of technicalities.
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Human Resource Forms, Notices and Contracts Vol. 1
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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.
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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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Just how much should the company give as bonus? Just how many months of bonus should the company give without violating the law? If the company pays Christmas Bonus is it still required to pay 13th month pay? How about 14th and 15th month pay, should the company pay them also?
These are some of the perplexing questions that a typical HR practitioner encounters in his work. Most often, it is resolved in favor of the employees resulting in increased manpower cost on the part of the company.
The rules on 13th month pay and Christmas Bonus are discussed in this book. When to pay them and when not to are explained using the law and jurisprudence. Companies are not required to pay 14th, 15th month pay, and so forth, unless they are stipulated already in the CBA or any contract for that matter. But they are not legally mandated benefits.
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HR Bundle – Print Books
₱6,861.85The HR Bundle offers excellent tools for learning about HR/Labor rules, doctrines and principles in various books written by Atty. Elvin B. Villanueva. Each book in the bundle provides unique content dealing with particular labor/HR topic.
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Ring-Bound: Digest on Critical Supreme Court Decisions on Labor Cases 2016 Cases
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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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Guide on Employee Compensation and Benefits Vol. 2, 2nd Ed.
₱595.00Title: Guide on Employee Compensation and Benefits Vol. 2 Second Edition
Guide on Employee Compensation and Benefits, Second Edition 2015 contains important discussion on 13 th month pay, 14 th month pay, Christmas and other bonuses. It also contains current information on rules on payment of wages, withholding of wages, wage deductions, employment bonds, as well as employee compensation on account of disability, injuries and death, among others. Also incorporated in this edition are recent decisions of the Supreme Court on the 13th month pay, bonuses, allowances and payment of wages. This edition presents newly promulgated rules and regulations on the above topics.
This book will prove helpful to all HR practitioners and professionals on employee or labor relations to achieve industrial harmony and productivity.
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