
Sample Affidavit of Cohabitation
₱1,200.00
The Affidavit of Cohabitation is required for male employees who would be availing of the paternity leave under R.A. 8187, every married male employee in the private and public sectors shall be entitled to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting.
In the IRR of the law, “Paternity Leave” refers to the leave credits granted to a married male employee to allow him to earn compensation for seven (7) working days without reporting for work, provided that his spouse has delivered a child or had a miscarriage or an abortion for the purpose of lending support to his wife during her period of recovery and/or the nursing of the newly born child.
“Spouse” refers to the lawful wife. For this purpose, lawful wife refers to a woman who is legally married to the male employee concerned. “Cohabiting” refers to the obligation of the husband and wife to live together.
Read more..
Conditions for entitlement of paternity leave benefits are:
- he is employed at the time of delivery of his child;
- he has notified his employer of the pregnancy of his wife and her expected date of delivery subject to the provisions of Section 4 hereof; and
- his wife has given birth, suffers a miscarriage or an abortion.
As soon as the married male employee learns that his spouse is pregnant, he shall inform his employer of such pregnancy and the expected date of delivery within a reasonable period of time.
The employee shall accomplish a Paternity Notification Form to be provided for by the employer and submit the same to the latter, together with a copy of his marriage contract, or where not applicable, any proof of marriage. The notification requirement shall not apply in cases of miscarriage or abortion.
Any employee who has availed of the paternity benefits shall, within a reasonable period of time, submit a copy of the birth certificate of the newly born child, death or medical certificate in case of miscarriage or abortion, duly signed by the attending physician or midwife showing actual date of childbirth, miscarriage or abortion, as the case may be.
The paternity benefits may be enjoyed by the qualified employee before, during or after the delivery by his wife. The total number of days shall not exceed seven (7) working days for each delivery. This benefit shall be availed of not later than sixty (60) days after the date of said delivery.
The best proof of cohabitation is the affidavit. This template for Affidavit uses fictional name for purposes of illustration only. It contains the name, nationality, residence, and basic allegations.
It is important to state the place of cohabitation, the name of spouse, proof of valid marriage (marriage contract), validating proof of place of cohabitation (barangay captain’s certification), declaration of provision of support as spouses, and purpose of the Affidavit.
While it seems obvious, it should be properly signed and notarized.
close
Related Products
-
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
-
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
-
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
-
The Labor Code of the Philippines
0 out of 5₱948.00Title: The Labor Code of the Philippines
The Labor Code of the Philippines by Atty. Elvin B. Villanueva
Suggested Retail Price: P948.00
Scroll down for more information
-
Human Resource Forms, Notices and Contracts Vol. 1
2.49 out of 5₱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.
Scroll down for more information
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
-
Guide on Employee Compensation and Benefits Vol. 2, 2nd Ed.
2.55 out of 5₱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.
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
-
Guide To Valid Dismissal Of Employees (The HR Practitioner’s Handbook)
2.85 out of 5Title: 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.
Scroll down for more information
₱400.00₱320.00 -
Guide to Valid Job Contracting & Sub Contracting
3.67 out of 5₱745.00Title: 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
-
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













