



Position Paper for Respondents Illegal Dismissal AWOL Per Trip
₱8,500.00 ₱6,500.00
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
-
Digest of SC Decision on Labor 2017 Ring-Bound version
0 out of 5This 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
-
Batas Kasambahay
0 out of 5Title: 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
-
HR Forms, Notices and Contracts 2 Soft Copy Version (170+ Templates in Editable Word)
0 out of 5HR 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.
Scroll Down to see the Table of Forms or list of Forms
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.
Read more..
- 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!
close
Scroll down for more information (Table of Forms)
- Editable in Word file (Saved as one file “HR Forms Volume 2 Soft Copy”)
-
Health Checklist & Workplace COVID-19 Protocol – Soft Copy Editable Template
0 out of 5On April 30, 2020 the Department Trade and Industry (DTI) and the Department of Labor and Employment (DOLE) issued Interim Guidelines on Workplace Prevention and Control of COVID-19.
The guidelines require employers to implement Health checklists containing declarations of various information and the Workplace Screening Protocol.
Below are sample templates of the health checklist and Screening Protocol which are Editable in Word. Templates are available at only P500.00 to be sent via your email.
-
Tax Solutions on Employee Compensation and Benefits, 2nd Edition 2019
0 out of 5Tax 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
-
Tax Solutions
2.49 out of 5Title: Tax Solutions on Employee Compensation and Benefits
Tax Solutions on Employee Compensation & Benefits is a revelation for HR practitioners and compensation and benefits practitioners when it comes to taxation on employee pay.
The book shares several practical examples on computation of the benefits, compensation and other pay given to employee. The reader is guided on the intricacies of tax concepts and principles through simple discussion and examples.
Surely, this work can be helpful a tool for HR and comp-ben practitioners in understanding employment tax concepts so employees can clearly understand how taxes impact on their pay.
Scroll down for more information
-
Probationary Employment Evaluation Packet Super 5™ – Soft Copy Editable Template
0 out of 5How 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)
close
-
Employee Transfer & Demotion
2.61 out of 5Title: 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.
Scroll down for more information
-
Guide to Valid Job Contracting & Sub Contracting
4.00 out of 5Title: 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.
Scroll down for more information
-
Digest of Critical Decisions of the Supreme Court on Labor Cases
0 out of 5Title: 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