



Position Paper for Respondents Illegal Dismissal AWOL Per Trip
₱8,500.00
Position Paper for Respondents
Illegal Dismissal Case, Not Dismissed (AWOL), Per Trip
Company not Represented by Lawyer
This template is intended for use by employer / company that is not
represented by a lawyer in the filing of Position Paper (PP). This
contemplates companies that cannot afford full legal service or legal
representation and has to defend itself in a labor case.
The template is in font 14 (titles and other sub-titles have different
font sizes), Arial, Microsoft Word 360 or any updated version. The template
contains the following sections:
1. Title
2. Parties
3. Docket Number
4. Prefatory Statement
5. Parties
6. Facts
7. Issues
8. Arguments and Discussion
9. Prayer / Relief
10. Copy furnish
Read more..
Considering that this is intended from companies without counsel, the
authorized representative (usually, HR or any Manager), should have the
authority of the company. Since the company is a sole proprietorship, the
SPA of the owner will do.
If the company is a corporation, then it has to be supported by a
Secretary Certificate of a Board Resolution. In this case, separate SPA should
be issued by the individual respondent.
Other documents to accompany the submission of Position Paper are
Verification and Certification Against Forum Shopping (VCAFS), Annexes.
Submission is simultaneous which means in the presence of each other, in
front of the Labor Arbiter (LA).
After the PP, parties will be required to submit Reply (RP) or Rejoinder
(RjP). The purchase of this template is not a replacement for a legal advice,
strategy, representation, and counsel. Hence, the buyer should proceed at
his own risk and render LVS, its management, and officers free and harmless
from any liability.
close
Related Products
-
Guide on Wage Order and Minimum Wage
2.43 out of 5₱370.00Title: Guide on Wage Order and Minimum Wage
This work provides a comprehensive discussion on wage orders with regard to the mechanics of issuance, coverage and resolution of certain issues like the wage distortion.
Scroll down for more information
-
Guide on Employee Compensation and Benefits Vol. 2
2.49 out of 5₱475.00Title: Guide on Employee Compensation and Benefits Vol. 2
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.
How about productivity incentive bonuses, signing bonus, etc.? This book also offers explanation why some should be paid and the rest should not be.
Then comes the issue on leaves. Question like is there such thing as vacation leave in the Labor Code? Why can’t I find it? There is none because the Labor Code only provides for service incentive leave. There are other leave benefits discussed in this work like paternal, paternity and for women who are victims of violence.
This book also deals with issues on
- employee cash bonds, deposits
- authorized deductions
- the rules on employee compensation for disability, sickness, etc.
Scroll down for more information
-
Solutions on Wage Order and Minimum Wage 2nd Ed.
2.79 out of 5₱525.00Title: Solutions and Remedies on Wage Order and Minimum Wage
The book is designed as easy reference for HR Practitioners, Business Owners, Managers, and Expats who deal with Filipino labor.
Philippine law requires compliance by employers with minimum wages and benefits. It is simplistic to see this as mere implementation of labor rules. It is often more complicated than it seems.
This work guides readers on proper perspective, and practical knowledge in the tortuous highway of labor compliance. The discussion is served in no-frills platter as topics are presented in direct fashion and clear explanation.
This edition features Wage Order No. NCR-20 in the NCR. The book provides highlights on regional minimum wage, nature of wage order, wage or special group of workers (handicapped, paid by results, etc.), coverage and exemptions, CTPA, BMBE rules, wage distortion and how to correct it, salaries above minimum (creditable rule), across-the-board increases, and other interesting and important concepts.
This work can be a good tool in understanding the principles and doctrines in wage orders, irrespective of the rates applicable.
Scroll down for more information
-
Digest of Critical Decisions of the Supreme Court on Labor Cases
0 out of 5₱1,485.00Title: Digest of Critical Decisions of the Supreme on Labor Cases
(YEARS 2015, 2016, 2017 & 2018 Decisions)- Just cause for dismissal: Two steps process on Immorality; Totality of infraction principle;
- Procedural: Reglementary period to appeal; supersedeas bond; computation of backwages; finality of award
- OFW (Permanent disability; 120 day rule; 240 day rule; Krestel Ruling; InterOrient Shipping Doctrine; Lex loci contractus; forum non conveniens)
Scroll down for more information
-
Salary & Benefit Adjustment Agreement (in Filipino / English) – Soft Copy Editable Template
₱750.000 out of 5 -
Tax Solutions on Employee Compensation and Benefits, 2nd Edition 2019
0 out of 5₱998.00Tax Solutions on Employee Compensation and Benefits, 2nd Edition, presents the changes on compensation income tax under R.A. 10963 or the TRAIN Law. The rates and withholding rules have changed after the passage of the law with the new withholding tax tables. The book however, addresses the main challenge for employers which is saving on tax while maximizing the take home of employees.
This work tackles this matter with the presentation of options to minimize tax implications. The revenue regulation, RR 8-2018 implements the TRAIN Law and is discussed in this work in a manner designed for understanding.
RR 11-2018 was also issued by the BIR which primarily deals with the changes on withholding rules. The author provides several sample computations and illustrations
of important concepts like exemption of compensation income of minimum wage earners. Tax on income beyond the non-taxable limit of P20,833 per month. Exclusions from substituted filing rules, among others. The preferential tax treatment of alien employees has been removed.Read more..
The TRAIN Law likewise increases the ceiling for the 13 th month pay and other benefits from the previous P82,000.00 to P90,000.00. This is another useful item to maximize the grant of benefits with minimal tax impact.
De Minimis Benefits are discussed in a comprehensive manner focusing on its availability for tax savings. The list has been updated and some amounts have been increased like that of rice subsidy, medical allowance for dependents, and uniform and clothing allowance.
Fringe benefits are also discussed in combination with all the other benefits granted by the new law and regulations. It is now at 35% which is an increase from the former 32%. The rules on computation of grossed-up monetary value, value of the benefits, and tax accounting rules of the benefits are detailed with examples.
HR and compensation and benefits practitioner as well as managers and business owners will appreciate the exposition of the rules, doctrines and principles under the new tax system.
close
Scroll down for more information
-
Batas Kasambahay
0 out of 5₱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.
Scroll down for more information
-
Guide to Valid Job Contracting and Subcontracting 2nd Edition
0 out of 5The 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.
Read more..
Imagine, for instance, a big company contracting hundreds of workers with what it thought was a legitimate contract, which due to technical errors the
authorities suddenly found the relationship a labor-only contracting. The said scores of employees of contractor will become regular with the principal. This will surely blow the pay grade of the company out of proportion. The correction and/or adjustments needed will be enormous and costly.This work provides not just laws, rules, and regulations. It gives perspective, insight, and the bird’s-eye view of the situation to serve as a map to the right direction. It tackles D.O. 174, Series of 2017 which superseded D.O. 18- A. The DOLE Advisory 01, Series of 2017 providing exceptions. Relevant rules such as D.O. 19, D.O. 13, and D.O. 198, among others.
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.
close
Scroll down for more information
-
Digest of SC Decision on Labor 2017 Ring-Bound version
0 out of 5₱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]).
Scroll down for more information
-
Gabay sa mga Karapatan ng Overseas Filipino Worker (OFW)
2.42 out of 5₱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

















