Sample Fixed-Term Employment Contract in English – Soft Copy Editable Template
₱1,685.00
This product is a soft copy template providing sample allegations, statements, provision, and clauses usually found in this type of document.
Save time composing and typing your own version. Save money in salaries asking employees to draft and compose this for days on end, and make it easier for you, your team, and company to draft your own version.
- Description
Description
SAMPLE TEMPLATE
PRODUCT DESCRIPTION:
FIXED-TERM EMPLOYMENT
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.
Read more..
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.
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
close
Related Products
-
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.
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
-
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
-
Guide to Valid Job Contracting & Sub Contracting
₱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
-
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.
Scroll down for more information
-
Employment Contracts Templates Soft Copy (English and Filipino/Tagalog)
₱3,900.00EMPLOYMENT CONTRACTS TEMPLATES DESCRIPTION
Employment contracts in the Philippines should be crafted in accordance with rules to ensure compliance with legal requirements.
This is saved in a single file in Word (Arial Font using sizes 12, 14, and 20). Buyers will receive the file through email from LVS’ gmail account. There will be price increase for this product soon.
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.
This product, Employment Contracts Templates (English and Filipino), contains 40+ samples or templates of various employment contracts used in the Philippines such as:
- Probationary
- Regular
- Casual
- Project
- Seasonal
- Fixed-Term or Fixed-Period, and
- Part-Time
Read more..
Some sample templates contain show formats that incorporate provisions on:
- Data Privacy Consent Clause
- Discipline
- Reference to Job Description
- Benefits
- Place of Work
- Shift
- Performance Metrics
- Decorum/Uniform
- Shift, etc.
close
Scroll down for more information
-
HR Forms, Notices and Contracts Soft Copy Double Bundle in Word File
₱9,500.00This is a time-limited offer involving two best-selling products of LVS Rich Publishing Inc.
These are the soft copies of HR Forms 1 and HR Forms 2 containing a combined total of more than 300 forms and templates ranging from pre-employment to post-employment.
Once purchased, they are sent to your email containing a list of forms and the templates, which are editable in Word file or format.
The forms are updated to the current labor laws, rules and regulations. The buyer will have an easier time to compose the needed document to administer any HR function or resolve important labor situation using the relevant form, notice, or contract.
Below this page, in the Description portion, are the sets of forms list included in the bundle for easy reference:
-
Guide on Employee Compensation and Benefits Vol. 2
₱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
-
Human Resource Forms, Notices and Contracts Vol. 2
₱845.00Title: Human Resource Forms, Notices & Contracts Made Easy Vol. 2
Procedures in labor law and social legislation are perilous terrain to navigate most especially to new practitioners in the field of employee relations. Reading and under-standing the provisions of law may not be enough since the actual implementation of the legal requirements will make or break any management decision.
It takes a combination of legal knowledge and experience in the field to safely execute the functions in employee relations. Thus, authors in this work discuss not only the legal principles in labor law but also share useful or practical forms to use in various situations.
By showing the forms to use, the practitioner is enlightened on the purpose and principles behind relevant labor law provisions. The risk involved in executing the management decision may be reduced once the principles and applications are put proper use.
Scroll down for more information
-
Guide on Employee Compensation and Benefits Vol. 1, Second Edition
₱1,198.00This book is the 2nd edition of one of ATTY. ELVIN B. VILLANUEVA’s best selling titles Guide on Employee Compensation and Benefits Volume 1. HR Practitioners, both new and veterans will find this work useful in understanding and keeping up with the latest rules, doctrines and principles on labor standards.
The subject matter of compensation and benefits is among the edgy topics which most HR practitioners, business managers, and even owners find challenging. As always, anything that deals with human psychology on pay, rewards, motivation, and equity requires full attention and creative solution.
Read more..
This work discusses the labor standards most particularly the exceptive rules where most practitioners are often blindsided. The rules and doctrines are tackled with illustrations and sample computations. Presentation of pay computations proceeds from the ordinary day, regular holiday, special day, and rest day or a combination of both holidays and rest days. These affects the daily rate, overtime, and nightshift differential.
There are relevant Supreme Court decisions where the high court interprets crucial areas of compensation. Rules on successive regular holidays are shown with example. Also, illustrative cases for overtime and nightshift differential are shown using different hours worked such as 2-hour, 4-hour, or even 8-hour OT and nightshift with computations when these coincide or concur on the same day.
The author also delineates the impact of benefits when the clock strikes 12:00 midnight such as on overtime, holiday pay, etc. This is particularly crucial for those with call center operations. Also discussed are company-initiated benefits rule, management prerogative to require overtime work, rule on travel time, brownout and other time-related issues.
New laws and rules are correlated with existing ones in the Labor Code such as the lactation period, primer on expanded maternity leave law (with sample salary differential computation), DO 178 and DO 184 on breaks mandated for employees who need to stand or sit for too long at work and the telecommuting act which affects the hours of work depending on the arrangement between the employer and employee.At the end of the day, compensation and benefits is an interesting area of HR/Labor practice. The key to harmony is understanding of the rules and it starts with acquisition of knowledge.
close
Scroll down for more information
-
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.
HR Bundle comes with a 5% discount. Shipping is free.
Scroll down for more information
