The Accounting Guide for Entrepreneurs and Employees
₱695.00
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- Description
Description
Not an accountant?
That does not mean accounting can’t be accessible to you. This book by Kishine Padios, CPA, provides the step-by-step process and easy accounting guide for entrepreneurs and employees.
We will show you how to do BIR tax filing such as VAT, SLSP, and Income tax filing. We will also teach you how to register your business with SSS, Pag-ibig, and Philhealth.
In addition we include a step by step guide that shows you what common BIR penalties are and exactly how to avoid them.
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Sample Project Employment Contract (English Version) – Soft Copy Editable Template
₱1,495.00CONTRACT FOR PROJECT EMPLOYMENT
SOFT COPY DESCRIPTIONThis 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.
Project employment is an exception to the rule on regular employment if all the requisites are complied with.
A project employee under now Article 295 of the Labor Code, as amended, is one whose employment has been fixed for a specific project or undertaking, the completion or termination of which has been determined at the time of the engagement of the employee. (Herma Shipyard, Inc. vs. Oliveros, G.R. No. 208936, April 17, 2017)
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Thus:
Art, 295. Regular and Casual Employment. –The provisions of written agreement for the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific
Project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.
A sample contract will help employers to overcome the technicalities of this form of employment. This template is easy to edit using the Word application. This version is using MS Office 365.
Salient points of this template are:
1. Parties
2. Whereas Clause
3. Commencement of project
4. Scope and duration
5. Duties and responsibilities clause
6. Completion clause (Phase or entire project)
7. Automatic termination upon completion
8. Salary / Wage and benefits
9. Project bonus (not mandatory under the law but is an indicator of project employment)
10. Voluntary signing clause
11. Data privacy consent clause
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Release and Waiver Retirement Standard – Soft Copy Editable Template
₱485.00This is a soft copy product template, save in Word File and editable in Word Document containing the important provisions needed for the release of employer from liability and the waiver and quitclaim of the employee of all claims against the company.
This is called a standard version because this contemplates ordinary situation where the employee simply claims the final pay as a result of retirement and executed this along with it. Extraordinary situations include death of employee, the one claiming is not the employee, the employee is retired and hospitalized and the one claiming is a relative or family member, the employee died of gunshot, etc.
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Sample Fixed-Term Employment Contract in English – Soft Copy Editable Template
₱1,685.00This 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.
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Rating Tabulation for Probationary Employee
₱1,950.00This product provides the tabulation for the metrics for probationary employee. LVS has a template for probationary contract.
The rule on probationary employment is that the employee becomes regular by operation of law after six (6) months of probationary employment. Now, the employer is expected to rate the employee at such frequency necessary.
The ideal is monthly rating. However, to balance administrative feasibility, it may be recommended that frequency be at least three times prior to 5th month of probation. For instance, after 2 months, after 3 months, and after 5 months of probationary status.
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The rating clause in the probationary template provides, as follows:
- In the performance of duties, the PROBATIONARY EMPLOYEE shall be evaluated to determine fitness for the position as a regular worker. The following standards of weight shall be used to ascertain whether she would qualify as a regular employee:
- Performance 30%
- Punctuality/Attendance 20%
- Behavior 20%
- Teamwork 20%
- Initiative 10%
- The total weight is 100%. If the PROBATIONARY EMPLOYEE receives a total weight below 85% it shall be deemed as failure to meet the standards which may be ground for dismissal based on failure to qualify;
- Performance metrics representing 30% of the total weight shall be based on the following:
- Business knowledge 20%
- Output/production 50%
- Resourcefulness 20%
- Teamwork 10%
- Punctuality/attendance shall be 20% subject to deduction of 3% for every instance of tardiness and 4% for every instance of absence. Absence due to medical reason shall be supported with notarized medical certificate and for other reasons a sworn statement of the fact of absence and affidavits of disinterested persons. Failure to produce said documents and records within two (2) days from absence shall be deemed unauthorized absence;
- Behavior shall be 20% subject to deduction for every citation or violation of company rules, to wit:
- Written warning – less 2%
- Stern warning – less 5%
- Written reprimand – less 6%
- 1-day Suspension – less 7%
- Longer suspension – less 10%
- The PROBATIONARY EMPLOYEE is expected to be a team player and work in coordination with other employees. A teamwork rating shall be made by immediate superior based on the result of the latter’s interview or assessment of the feedback of other employees or team members, as the case may be;
- The rating for Initiative shall be given by the immediate superior based on how the PROBATIONARY EMPLOYEE acts on tasks on his/her own without any express direction by the superior bearing in mind the goals and objectives of the company.
To rate such employee, it is easier if there is already a table showing the rating weights so the rater can just fill out the numbers and calculate the total score.
This product supplies the template for the table based on the above rating weights which can be very helpful to arrive at the decision whether to regularize the probationary employee or terminate the services.
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Sample Casual Employment Contract (English Version) – Soft Copy Editable Template
₱1,495.00This 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.
Casual employment is one of the exceptions to the regular employment provisions under Article 295 of the Labor Code, as amended.
The Labor Code states that the provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.
An employment shall be deemed to be casual if it is not covered by the preceding paragraph: Provided, That any employee who has rendered at least one year of service, whether such service is continuous or broken, shall be considered a regular employee with respect to the activity in which he is employed and his employment shall continue to exist.
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For casual employment to exist, the position occupied by the employee should not be usually necessary or desirable in the usual trade or business of the employer.
What is “usually necessary and desirable?” It is a position without which an employer cannot pursue his operation or business.
For instance, in a software development company that sells applications and development services, a computer programmer position is usually necessary and desirable. Without the programmer, the company cannot come up with the product to sell to the market.
But in an insurance firm, computer programmer may not be necessary since the company can still sell insurance products without the programmer. Hence, the programmer in this case may be hired on project employment basis only.
Now, in crafting the contract for casual employment, the employer should bear in mind the following:
- The employment shall not be usually necessary and desirable in the usual trade or business of the employer
- The employment is limited in scope with respect to the activity in which he is employed
- The employment shall not exceed one year. If it does, the employee is considered regular with respect to such activity.
- The contract shall clearly indicate the date of termination or termination upon completion of activity
- Compensation and benefits
- Data privacy consent clause
- Duties and responsibilities
- Place of posting and transfer
The sample template is editable in Word 365 in 8.5’ x 13’.
There are other helpful contract templates available that can assist employers in running their human resource matters such as the following:
- Contract for Probationary for Daily Paid Employee in English – View sample contract here
- Contract for Probationary for Monthly Paid Employee in English
- Contract for Project Employment English Version – View sample contract here
- Employment Contracts Package (English and Filipino) – View sample contracts here
- Contract for Casual Employment in English
- Contract for Casual Employment in Filipino
- Contract for Probationary Employment for Daily Paid Employee in Filipino
- Contract for Probationary Employment for Monthly Paid Employee in Filipino
- Contract for Part-Time Employment in English
- Contract for Part-Time Employment in Filipino
- Contract for Seasonal Employment in English
- Contract for Seasonal Employment in Filipino
- Contract for Regular Employment Daily Paid in Filipino
- Contract for Fixed-Term Employment in English
- Contract for Fixed-Term Employment in Filipino
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Guide to Valid Job Contracting and Subcontracting 2nd Edition
The subject matter of job contracting and subcontracting is a trick territory for businesses their owners. Understanding the technical sides of it are left to the experts and practitioners.
Nonetheless, even experts find the topic challenging. This book is intended to help companies, business owners, managers, expats, and HR practitioners navigate through the “treacherous waters” of job contracting and subcontracting.
While the word “treacherous” used to describe it may be strong the association to it is justified by the fact that engaging in contracting is very technical. A single mistake, regardless of intentions, of the parties will be catastrophic.
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Imagine, for instance, a big company contracting hundreds of workers with what it thought was a legitimate contract, which due to technical errors the
authorities suddenly found the relationship a labor-only contracting. The said scores of employees of contractor will become regular with the principal. This will surely blow the pay grade of the company out of proportion. The correction and/or adjustments needed will be enormous and costly.This work provides not just laws, rules, and regulations. It gives perspective, insight, and the bird’s-eye view of the situation to serve as a map to the right direction. It tackles D.O. 174, Series of 2017 which superseded D.O. 18- A. The DOLE Advisory 01, Series of 2017 providing exceptions. Relevant rules such as D.O. 19, D.O. 13, and D.O. 198, among others.
Also, R.A. 11058 and relevant decisions of the Supreme Court on the matter, most especially, on off-detail status in a 2019 case, Bognot vs. Pinic International (Trading) Corporation/CD-R King, et al., (G.R. No. 212471, March 11, 2019). Can individuals with unique skills and talents engage in contracting without registration under D.O. 174? The author discussed the answer in this work.
Salient points of D.O. 174 include the substantial capital of P5 million, shortened validity of the registration, concepts of temporary off-detail, expiration of service agreement, termination for just cause, authorized cause, and not due to expiration of service agreement and their implications.
This book is a compliance guide, first and foremost, to help businesses in their quest to achieve their objectives the legal way and without accidentally falling in the traps of technicalities.
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Non-APOR Driver / Fetcher Certification Soft Copy
₱485.00This is a suggested soft copy template saved in Word File and editable in Word Document involving the Philippine National Police (PNP) declaration to require non-APOR fetchers / drivers of the APOR individuals to present a certification before the checkpoint personnel, among other requirements.
As a background, on July 29, 2021 the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF) issued Resolution No. 130-A, Series of 2021 placing the NCR under Enhanced Community Quarantine (ECQ) for the period August 6-20, 2021.
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Mandatory Vaccination Policy for Onsite Workers (English Version)
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Contract For Regular Employment Monthly Paid (English Version) – Soft Copy Editable Template
₱1,845.00This 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.
A regular employee is one who passed the probationary period, has been in the company for at least six months, or was engaged as such without undergoing probationary period.
The legal basis of regular employment is mainly Article 295 of the Labor Code, as amended.
Article 295 provides that the provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer.
This means that even if there is a written agreement that the employee is not of regular status, he is still considered regular if has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer.
This template is for monthly paid employees. As opposed to daily paid, monthly paid employees
Monthly-paid employees are those who are paid every day of the month, including unworked rest days, special days, and regular holidays. Factor 365 days in a year is used in determining the equivalent monthly salary of monthly-paid employees. (I, D, DOLE 2020 Handbook Workers’ Statutory Monetary Benefits)
Daily-paid employees are those who are paid on the days they actually worked and on unworked regular holidays. (Ibid.)
With the use of 365-day factor, the company should make sure that employees engaged are not below the minimum. The 365 day factor is used to determine the daily rate of the monthly paid employee. For instance, if an employee earns PhP20,000.00 per month, the daily equivalent using the 365 factor is as follows:
PhP20,000 per month x 12 months = PhP240,000
PhP240,000 per year / 365 days per year = PhP657.53 per day
Hence, the daily equivalent of the monthly pay of PhP20,000 is PhP657.53.
There are other helpful contract templates available that can assist employers in running their human resource matters such as the following:
- Contract for Probationary for Daily Paid Employee in English – View sample contract here
- Contract for Probationary for Monthly Paid Employee in English
- Contract for Project Employment English Version – View sample contract here
- Employment Contracts Package (English and Filipino) – View sample contracts here
- Contract for Casual Employment in English
- Contract for Casual Employment in Filipino
- Contract for Probationary Employment for Daily Paid Employee in Filipino
- Contract for Probationary Employment for Monthly Paid Employee in Filipino
- Contract for Part-Time Employment in English
- Contract for Part-Time Employment in Filipino
- Contract for Seasonal Employment in English
- Contract for Seasonal Employment in Filipino
- Contract for Regular Employment Daily Paid in Filipino
- Contract for Fixed-Term Employment in English
- Contract for Fixed-Term Employment in Filipino
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A sample contract will help employers to overcome the technicalities of this form of employment. This template is easy to edit using the Word application. This version is using MS Office 365.
Salient points of this template are:
- Parties
- Whereas Clause
- Commencement of probationary employment
- Termination of Employment (Just and Authorized Causes)
- Place of Posting
- Duties and responsibilities clause
- Performance Appraisal
• Reasonable Standards Metrics
– Performance
– Punctuality/Attendance
– Behavior
– Teamwork
– Initiative - Compensation and Benefits
- Office Decorum
- Confidentiality
- Non-compete Clause
- Training Expenses
- Data privacy consent clause
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Release, Waiver and Quitclaim of Deceased Employee by Sole Heir – Soft Copy Editable Template
₱895.00DESCRIPTION OF RELEASE, WAIVER AND QUITCLAIM OF SOLE HEIR FOR THE DECEASED EMPLOYEE WHO IS RETIRABLE
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 template applies to cases where the employee who is entitled to retirement has resigned but died prior to claiming the retirement benefit. The one claiming the benefit is the child (son in this template).
Further, the company advanced certain expenses in the hospital for the deceased employee.
The claimant is a sole heir. Meaning he is alone and there are no other heirs requiring the Extrajudicial Settlement of Estate. Likewise, he has executed an Affidavit of Sole Heir.
The relative and/or spouse here is the one claiming damages against the company. While the company has several defenses in this case, the company may decide to buy peace and provide financial assistance.
In doing so, the release thereof should be documented to prevent any further action from the claimant against the company or its officers. Thus, a Release, Waiver & Quitclaim may be executed by the spouse, common law partner, or any person acting in behalf of the interests of the deceased person.
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The draft template here addresses the following concerns:
- The claimant should release and remiss the company and its officers from any claim;
- The claimant clearly states the relationship to the deceased;
- The claimant does not make any statement that will incriminate or establish criminal liability against the alleged actor or any person acting for the company;
The following terms are stated:
- Claimant is of legal age,
- Residence of the claimant
- Declaration of claimant as the duly authorized representative of the family for and in behalf of the deceased person
- Name of the deceased person
- Relationship of the claimant to the deceased person such as being the common law partner / spouse, etc.
- Description of the incident without specifying any suspect or declaring liability;
- Decision of the company to release the fund due for the above deceased as well as financial assistance;
- Statement of release, remiss and forever discharge of the company, its stockholders, Directors, Officers, President, Treasurer, executives, managers, employees, representatives and any other persons working or dealing for and in behalf thereof, from any and all liabilities, damages or injuries caused to claimant and his family or may be caused, as a result of the service not having materialized, and for any other such liabilities, damages or injuries which may now or in the future arise as a result thereof;
- If found hereinafter that there would be any other consequential or resulting damage, liability or injury, whether actual, moral, exemplary or in any other form of damage, not evident as of that time, that the amount given shall constitute as full and final settlement for such damage, liability or injury;
Statement of voluntary, free and unconditional declaration that the claimant and his family have no further claims or right of action, whether past, present, future or contingent, of whatever nature - Statement of waiver of any and all claims and causes of actions or judgments of any tribunal;
- Statement not to institute any action, whether civil, criminal, labor or administrative against the company, its directors, officers, employees, agents and clients;
- Statement that any and all actions which may have been commenced are deemed and considered voluntary withdrawn by me and he will no longer testify or continue to prosecute said action(s); and
- Statement that the claimant fully understands all the statements made.
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