Sample Termination of probationary employment
₱1,750.00
The template provided will assist employers / companies in properly and validly executing the termination of probationary employees. (Note: There is a sample Notice of Termination for Failure to Qualify / of Probationary Employee below this guide)
Termination of probationary employment is a technical matter under the Philippine law. There are specific rules applicable only to probationary employees which if confused with all others may cause issues to the employer or the company.
Under Art. 296 of the Labor Code, as amended, a probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. An employee who is allowed to work after a probationary period shall be considered a regular employee.
Read more..
Section 6 (d) of the Implementing Rules of Book VI, Rule I of the Labor Code provides that there is probationary employment where the employee, upon his engagement, is made to undergo a trial period during which the employer determines his fitness to qualify for regular employment based on reasonable standards made known to him at the time of engagement.
In the case of Agustin vs. Alphaland Corporation, [G.R. No. 218282, September 09, 2020] the Supreme Court (SC) held that in all cases of probationary employment, the employer shall make known to the employee the standards under which he will qualify as a regular employee at the time of his engagement. Where no standards are made known to the employee at that time, he shall be deemed a regular employee.
Hence, to safely terminate a probationary employee, there has to be a probationary employment contract where it is clearly stated that the employer / company has made known to the employee the standards under which he will qualify as a regular employee at the time of his engagement. Further, that failure on his part to meet such standards, the employment shall be terminated for failure to qualify.
Reasonable standards shall refer to those measures which the employer will use as basis for qualification. These may include standards on performance, behavior, cooperation, punctuality, etc.
Assuming that these standards are present and there are valid stipulations in the Contract for Probationary Employment, the sample Notice of Termination for Failure to Qualify (template) will serve the purpose
close
Related Products
-
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. 1
₱495.00Title: Guide on Employee Compensation and Benefits Vol. 1
This book provides the guidelines, jurisprudence, and even sample computations on some critical aspects of compensation like overtime, night-shift differential, holiday pay, etc. For example, how to calculate the daily rate if the employee works on a holiday, renders overtime, falling on night differential period and at a time where it is also his rest day? The book shows how.
It shows the solutions to situations in salary administration involving minimum wage and legally mandated benefits. The aim of this work is to promote payment of correct salaries and benefits to the best assets of the company while at the same time preserving the reason for being of any business: that is, derive profits.
Scroll down for more information
-
Tax Solutions
₱748.00Title: 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
-
Batas Kasambahay
₱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
-
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
-
HR Forms, Notices and Contracts 2 Soft Copy Version (170+ Templates in Editable Word)
₱8,495.00HR 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”)
-
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.
Scroll down for more information
-
Probationary Employment Evaluation Packet Super 5™ – Soft Copy Editable Template
₱2,795.00How 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
-
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
-
Temporary Flexible Work Arrangement Template – Work from Home – Soft Copy Editable Template
₱500.00TEMPORARY FLEXIBLE WORK AGREEMENT DESCRIPTION
This 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 contract described.
See the Description below to view the Contents of this soft copy template.
This Agreement establishes the terms and conditions of the Flexible Work Arrangement on account of the COVID-19 outbreak.
It states the WHEREAS clauses providing for the premises providing the voluntary participation in the temporary program. Parties agree to follow the applicable guidelines and policies for the purpose of supporting the government drive on social distancing.
It contains the duration and remote place of work (work-from-home), terms and conditions, duties, obligations, and responsibilities, provisions on business exigencies, data protection, return of company assets, and temporary costs on the company.
This also includes agreement on data privacy and confidentiality, applicability of all other company policies, modification, and termination.
This template is drafted on an 8.5” x 13” Word format, containing four (4) pages, using Arial font 12.
