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.
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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
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Tax Solutions on Employee Compensation and Benefits, 2nd Edition 2019
₱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.
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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.
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Health Checklist & Workplace COVID-19 Protocol – Soft Copy Editable Template
₱500.00On April 30, 2020 the Department Trade and Industry (DTI) and the Department of Labor and Employment (DOLE) issued Interim Guidelines on Workplace Prevention and Control of COVID-19.
The guidelines require employers to implement Health checklists containing declarations of various information and the Workplace Screening Protocol.
Below are sample templates of the health checklist and Screening Protocol which are Editable in Word. Templates are available at only P500.00 to be sent via your email.
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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.
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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
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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.
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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
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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.
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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.
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The Labor Code of the Philippines
₱948.00Title: The Labor Code of the Philippines
The Labor Code of the Philippines by Atty. Elvin B. Villanueva
Suggested Retail Price: P948.00
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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.
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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.
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