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
-
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
-
HR Forms, Notices and Contracts 1 Soft Copy Version (150+ Templates in Editable Word)
₱8,495.00Forms, Notices and Contracts
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.
Scroll Down to see the Table of Forms or list of Forms
Read more..
Based on the book Human Resource Forms, Notices & Contracts Volume One
Features:
- Editable in Word file (Saved as one file “HR Forms Volume 1 Soft Copy”)
- Fonts Used: Arial, Book Antiqua, Garamond
- With separate file showing instructions on How to Use and Navigate the HR Forms
- Product will be sent to Buyer’s Email Account from LVS’ gmail account.
- Over 150 Sample Forms such as:
- Employment Contracts (some with Data Privacy Consent Clause)
Regular
Probationary
Casual
Seasonal
Fixed-Term
Part-Time - Consent under Data Privacy Act
- DOLE Mandatory Policies
- Drug-Free Workplace
- HIV/AIDS
- Hepatitis B
- Tuberculosis
- Anti-Sexual Harassment
- Acknowledgment Receipt of Personal Protective Equipment (PPE)
- Authority to Deduct (Debt)
- Notices to Explain
- Notices of Hearing/Conference
- Notice of Suspension
- Preventive Suspension
- Extension of Preventive Suspension
- Termination Notice
- Extension of Preventive Suspension
- Application Form
- Employment checklist, etc.
- Acceptance of Resignation
- Acceptance of Resignation with Pending Case (Graceful Exit)
- Clearance Form
- Release, Waiver and Quitclaim
- Many more!
close
Scroll down for more information (Table of Forms)
- Editable in Word file (Saved as one file “HR Forms Volume 1 Soft Copy”)
-
Digest of SC Decision on Labor 2017 Ring-Bound version
₱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
-
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
-
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
-
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
-
Ring-Bound: Digest on Critical Supreme Court Decisions on Labor Cases 2016 Cases
₱745.00- Binding: Ring-bound
- Paper size: 8.5” x 13”
- Colored Front Cover with Plastic protection
- Inside: White bond paper with black text
- No. of pages: Approximately 170
- Retail Price: P745.00
ABOUT THE RING-BOUND EDITION
Digest of Critical Supreme Court Decisions on Labor Cases is an ambitious work to provide readers, HR practitioners, lawyers, and law students with crucial information on the Supreme Court decisions in labor cases. The digested cases are handy in tracking the recent rulings which are crucial in policy formulation in labor and employee relations. They are critical in a sense that the changes affect the labor environment and those not in the know may bear the adverse consequences.Read more..
Labor law is like a living organism that changes as time passes by. The employer who is more cognizant of the changes can adapt effectively. The presentation is indexed for easy reference. The book provides a digest of the recent decisions of the Supreme Court in labor such as cases on Retirement, Refusal to retire, Retirement plan vs. Labor Code Redundancy, Redundancy carried out by persons belonging to related companies, Labor claims against related companies, Employment contract, Audited financial statement (AFS) and Judicial notice of losses, Rehiring of some of the retrenched employees, Rehabilitation; and Quitclaim. This Year 2016 Digest covers SC Decisions on Strike; Notice of strike; Illegal strike; Valid dismissal; Employment status deemed lost; Transfer; Promotion; Resignation; force; threat; intimidation; coercion; release; waiver; quitclaim; Res judicata; Conclusiveness of judgment; Certification election; Illegal dismissal; Job contracting; Labor-only contracting; Labor-only contractor; Presumed labor-only contractor; Fixed-term; Fixed-term employment; Independent contractor; Repeated renewal; etc.
close
Scroll down for more information
-
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”)
-
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 To Valid Dismissal Of Employees (The HR Practitioner’s Handbook)
₱320.00Title: 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
