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Notice of Extension of Project Employment – Filipino/Tagalog Soft Copy
₱545.00Project 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)
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.
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While it is required that the project should have a duration, it is also acceptable in practice that the contract may extend due to circumstances beyond the control of the employer. In this case, the contract may be extended accordingly based on another estimated completion date.
Factors affecting the extension could be delays in the delivery of materials, inclement weather, strike, etc. The sample notice templates are one written in English and another in Filipino / Tagalog.
The reason there is a draft in Filipino / Tagalog is that there are workers who are not conversant in English language, especially in jobs covered by project employment.
A sample notice will help employers to overcome the technicalities of this form of employment. Issuing a notice of extension is a good practice since if the employee is extended beyond the project completion date, he cannot anymore be terminated on the ground of project completion because he may be considered as regular employee.
A regular employee can only be terminated under Art. 297, 298, and 299 of the Labor Code, as amended. The notice serves as evidence of the company of the extension based on justifiable grounds. The notice is evidence of the project arrangement as well and helps eliminate doubts and ambiguities in the project employment contract.
It should always be noted that any doubt or ambiguity in the project employment contract is resolved in favor of labor. As between project employment and regular employment, the latter is the more favorable status for employee. Thus, it is a disaster indeed if the employer intended the employment to be for a project and only for the relationship to be declared for regular employment simply because the project employment contract fails to comply with the elements and requisites for validity.
This template is best used if there is already a Project Employment Contract Template using the LVS forms both in English and Filipino / Tagalog.
This template is easy to edit using the Word application.
This version is using MS Office 365 with provisions substantially expressed in Filipino / Tagalog.
Salient points of this template are:
- Name of Employee
- Nature of Project designation
- Indication of project employment
- The fact of duration and original completion date
- The incidents affecting the completion date and reasons for extension
- Citation of specific clause or provisions in the contract where parties stipulate for possible extension
- New completion date
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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.
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Real Estate Exam Reviewer: Brokerage
₱678.00Title: Real Estate Exam Reviewer: Brokerage Practice
Real Estate Brokerage is an exciting field in real estate practice. It can make or break the registered practitioner insofar as career selling in real estate is concerned.
This book is aimed in that direction. That is to provide the platform for an effective review on the subject matter. It is intended to provide the much-needed information regarding brokerage practice.
Also included are discussions on capital gains tax in relation to selling, amortization factors, monthly amortization, present value computation, discounting, deferred sale, installment sale, among others.
There are basic forms used in brokerage transactions to familiarize reviewees on the practical side of the principles being discussed.
This book has single primary purpose: help aspirants prepare and pass the exam to become a licensed, registered and responsible real estate practitioner.
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Real Estate Exam Reviewer: Legal Aspects of Real Estate Sales
₱688.00Title: Real Estate Exam Reviewer: Legal Aspects of Real Estate Sales
This work will be an aspiring broker’s or even other real estate practitioner’s best friend in preparing for the rigorous exams. This book will also help existing practitioners to know the intricacies of selling real estate broker.
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The Accounting Guide for Entrepreneurs and Employees
₱695.00
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How to Design and Formulate Company Code of Discipline
₱699.00Title: How to Design and Formulate Company Code of Discipline
How to Design and formulate Company Code of Discipline is another guidebook for HR Practitioners to help them establish important aspects of organization. It is needed utopian to even think that there is a company where discipline is not necessary.
Humans are wired to commit mistakes because it is a learning process and humans continue to learn. People are wired to fail and to succeed from such failure.
In discipline, the most important tool in the employer’s arsenal is its code of conduct or code of discipline which serves as guiding principle on both grounds for action and procedure. The code will be scrutinized in court once a case has been filed and presented in evidence. They must be ready for litigation and must contain provisions that are lawful, reasonable and respect the employee’s rights to security of tenure.
The objective of this work is to help employers through their HR Practitioners establish their Code of Discipline which will help them enforce discipline with confidence and assurance that their tool is attuned to the legal standards and is defensible.
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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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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.
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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.
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Salary & Benefit Adjustment Agreement (in Filipino / English) – Soft Copy Editable Template
₱750.00
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Guide to Valid Dismissal of Employees 2nd Edition
₱785.00Title: Guide to Valid Dismissal of Employees 2nd Edition
Guide to Valid Dismissal of Employees 2014 Edition contains updated HR literature on terminal laws, rules and regulations including 2013 cases and other newly establishment doctrines and principles. The best-selling first edition of the book got even better with discussion of relevant provisions on retirement in relation to employee dismissal, rule on separation pay when dismissal is valid, preventive suspension , just causes, authorized causes, termination due to disease, bona fide suspension of operations and other related principles.
This book will prove helpful to all HR practitioners and professionals on employee or labor relations.
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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.
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