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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]).
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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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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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Affidavit of Employee Consent for COVID-19 Vaccination – Soft Copy Editable Template
₱988.00This product is a soft copy template providing sample disciplinary allegations to make this kind of affidavit.
Save time composing and typing your own version. Save money in salaries asking employees to draft and compose your own for days on end, and make it easier for you, your team, and company to draft this Affidavit.
Employee may need to be vaccinated to ensure health and safety at work. But the lingering question is if the employees can be compelled to receive COVID-19 jabs by the employer.
The right of Filipinos to health is a constitutional right. It is enshrined under Article II, Section 15 of the 1987 Constitution that the State shall protect and promote the health of the people and instill health consciousness among them.
The State is further mandated under Article XIII, Section 11 of the Constitution to adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost.
Republic Act No. 3720, or the “Food, Drug and Cosmetic Act,” as amended by Executive Order No. 175, s. 1987, and Republic Act No. 9711, or the “Food and Drug Administration Act of 2009,” created the Food and Drug Administration (FDA) to establish and maintain a drug regulatory system to ensure the purity, safety, efficacy and quality of drugs and vaccines in the country.
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Section 21 of Republic Act No. 3720, as amended, provides that any new drug should have an authorization from the FDA based on an application containing full reports of investigations to show whether or not such drug is safe, efficacious and of good quality for use based on clinical studies, prior to manufacture, sale, importation, exportation, distribution or transfer thereof.
Pursuant to Proclamation Nos. 922 (s. 2020) and 1021 (s.2020), the Philippines was declared under a State of Public Health Emergency, and a State of Calamity due to the COVID-19 pandemic.
Subsequently, Republic Act No. 11494 or the “Bayanihan to Recover as One Act” was enacted authorizing the President to suppress the COVID-19 pandemic through the procurement of drugs and vaccines.
The President of the Republic of the Philippines issued Executive Order (EO) No. 121 entitled “Granting Authority to the Director General of the Food and Drug Administration to Issue Emergency Use Authorization (EUA) for COVID-19 Drugs and Vaccines, Prescribing Conditions therefore and for other Purposes.” Said issuance gave authority to the Director General to issue an EUA, and established the conditions under which said authorization may be issued.
The FDA introduced the process for the issuance of EUA to sustain and strengthen the national preparedness for the COVID-19 public health emergency. The principles of regulatory reliance and recognition are adopted to accelerate the evaluation and approval process for EUA to ensure immediate access to drug products and vaccines for COVID-19.
Since there are no laws, rules, or regulations requiring employees to undergo vaccination, the employer does not have clear legal basis to prosecute employees who may refuse to get the jab.
At any rate, the employer can obtain the consent of the employee where the latter executes a document consenting to the vaccine, accepting its risks and benefits, as well as waiver of the Data Privacy Law.
The template in this product is in Affidavit Format, written in Word 360 and is editable. Below are the contents of the Affidavit containing declarations, acknowledgment and undertaking of the employee in giving consent to the vaccination:
- Last Name, First Name, Middle Initial
- Date of Birth
- Gender
- Address
- Phone Number
- Name of Provider
- Statement of legal age
- Statement of consent
- Clause stating understanding that the vaccination is voluntary and that the employee is not required to receive this vaccine or to receive this vaccine as a condition of employment
- Acknowledge that it is not possible to predict all possible side effects or complications associated with receiving the vaccine.
- Understanding that the employer is not making any representations or warranties regarding the vaccine and its general safety
- The employee has been provided with and has read the Emergency Use Authorization (“EUA”)
- Statement that the employee was given the opportunity to ask questions about the vaccine, including but not limited to the risks and benefits of the vaccine, and all of questions have been answered to satisfaction.
- Statement that the employee read and understood the benefits and risks of vaccination, and he voluntarily assumes full responsibility for any reactions that may result from receiving the vaccine
- Understanding that the employee may be asked to remain in the vaccination administration area for 15 to 30 minutes after the vaccine is administered to be monitored for potential adverse reactions, and agree to report any complaints that I may have to the provider while there.
- After leaving the facility, understanding that if the employee experiences any side effects, he should either call his physician or go to the nearest emergency department
- Statement of understanding that in order for the vaccine to be effective, he must receive two doses
- Statement that the employee has been provided an appointment date to receive the second dose, and understand that it is solely his responsibility to return for this second dose at the scheduled time
- Acknowledgment that employee’s failure to appear for the scheduled appointment will compromise the effectiveness of the vaccination
- Authorization to the employee to use and disclose any and all information related to my priority to receive, and actual receipt of the COVID-19 vaccine, including outreach for scheduling, the date of appointments, whether the employee appears for the appointments and any information he discloses or reports to the employer relating to the experience with the vaccine, including side effects or the development of COVID-19 symptoms within the employer, including, without limitation, Human Resources, and Occupational Health and Safety Committee
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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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Release, Waiver & Quitclaim Terminated Standard
₱1,045.00I, MS. ANNE DERSTUD, of legal age, Filipino, and a resident of BLND45, Kopi St., Villamor Airbase, Brgy 183 Pasay City, after having been duly sworn to in accordance with law, do hereby depose and state, that:
- On June 17, 20___ I was validly TERMINATED for just cause on account of my violations of the law, company rules, policies, and procedure;
- For and in consideration of the receipt of the amount of FIFTY THOUSAND PESOS (PhP50,000.00), as my final pay, which is a full and complete settlement of all salaries and employment benefits which includes but is not limited to last salary due, monetized Service Incentive Leave (SIL), 13th month pay, and other benefits;
- I acknowledge the receipt of the abovementioned sum representing full satisfaction of all emoluments and compensation that I may be entitled to under the law, contract, or company policy for the service I have rendered for the Company;
- I acknowledge the validity of my dismissal/termination from service. I do hereby release, remiss and forever discharge XYZ Corporation, Savrasa Werpa and the companies’ officers, directors employees, managers, agents, and representatives, from any and all liabilities, damages, claims which may now or in the future arise as a result of my work with the company.
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- If found hereinafter that there would be any other sums that I am entitled to, prior to this, or in the future, that the amount I mentioned above which I herein duly received, shall constitute as full and final settlement for such;
- I hereby voluntarily, freely and unconditionally declare that I have no further claims or right of action, whether past, present, future or contingent, of whatever nature and hereby waive any and all claims and causes of actions or judgments of any tribunal I may have in my favor of or against the Company its officers, directors, representatives, agents and assigns including but not limited to, matter of DISMISSAL, for lack of cause of action, arising from my employment and the cessation thereof;
- I will institute no action, whether civil, criminal, labor or administrative against the company its directors, officers, employees, agents and clients. Any and all actions which I may have commenced either solely in my name or jointly with others before any office, board, bureau, court, or tribunal against the company, its directors, officers, employees, agents and clients are hereby deemed and considered voluntary withdrawn by me and I will no longer testify or continue to prosecute said action(s) and that the same shall be dismissed;
- I execute this Release, Waiver & Quitclaim voluntarily and freely, without any force, duress, improper pressure, or intimidation from anyone and with full understanding of the contents hereof duly explained to me in language that I understand.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 22nd day of July 20___ in the City of Makati.
- ANNE DERSTUD
SSS ID: 12345
TIN: 6789
Signed in the Presence of:
_____________________ _________________________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
CITY OF _________________ ) S.S.
BEFORE ME, a notary public for and in the City of _______________________________, personally appeared the above and presented to me her competent evidence of identity shown above and affirmed to me that this Release, Waiver & Quitclaim, consisting of two (2) pages, including this page where acknowledgment is written, is his own, free, voluntary act and deed.
IN WITNESS WHEREOF, I have hereunto affixed my seal and signature this ______ day of July 20___ in the City of ______________________.
Doc. No.: ______________;
Page No.: ______________;
Book No.: ______________;
Series of 20___
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Authority to Withhold and Deduct
₱1,150.00This template is a document intended to facilitate the crafting of an Authority to Withhold and Deduct from the pay or benefits of the employee who has liability from the company.
The liability may come from loan, damages, advances, or any unaccounted sum, etc.
The company is guided by the important provisions such as acknowledgment of liability. The user has to fill out the nature of liability (e.g., loan, damages, advances, unaccounted, sum, etc.).
The document may be notarized as well. The lack of notarization will not affect the validity. However, the notarization of this instrument adds weight to the declaration of the employee and admission of liability, in case of dispute in the future.
Hence, whether or not to have the document notarized, is an option of the company depending on its policy governing the weight of the documents executed by employees.
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This template provides:
- Name of employee
- Personal circumstances (Filipino, age, address, etc.)
- Acknowledgment of liability or indebtedness
- Undertaking to pay at a certain period
- No prior demand clause
- Authority to withhold and subsequently to deduct
- Valid and binding stipulation
- Non-liability clause
- Release of the company and its officers
- Voluntary execution of the document
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Hepatitis B Prevention and Control Policy
₱1,195.00This template is in accordance with the with the provisions of Department Advisory No. 5, Series of 2010 of the Department of Labor and Employment mandating the institution of policies and programs on the prevention and control of Hepatitis B in the workplace.
Reminder!!! Buyer of any of the HR Bundle Products should CHECK if this product is already part of the HR bundle before proceeding to buy. Thank you!
This expresses the company’s adoption of the policies and programs on the prevention and control of Hepatitis B in the workplace.
The softcopy template is written in Word document using MS Office 365 version, Arial font, 12 font size, containing 4 pages of 8.5”x11” layout.
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In compliance with the DOLE issuance, this template provides the following:
- Statement of Legal Compliance
- Declaration of Corporate Policy on Hepatitis B Prevention and Control
- Purpose
- Implementing Structure
- Coverage
- Guidelines
– Preventive Strategies - Recording, Reporting and Setting Up of Database
- Social Policy
– Non-Discriminatory Policy and Practices - Work Accommodation Arrangement
- Roles and Responsibilities of Workers
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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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Sample Anti Sexual Harassment Policy
₱1,198.00This template is in accordance with the provisions of Republic Act No. 7877, otherwise known as “An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment, and For Other Purposes, the following policies and procedure are hereby issued by XYZ CORPORATION to prevent sexual harassment in its workplace and to provide the procedure for the resolution, settlement and/or disposition of sexual harassment cases.
Reminder!!! Buyer of any of the HR Bundle Products should CHECK if this product is already part of the HR bundle before proceeding to buy. Thank you!
This expresses the company’s aim to afford employees the opportunity to work in an environment free of sexual harassment. This template is intended to provide companies or employers the reference to comply with Department of Labor and Employment’s (DOLE) requirement for companies to setup the policy against sexual harassment in the workplace.
Sexual harassment is a form of misconduct that undermines the employment relationship. No employee, either male or female, should be subjected verbally or physically to unsolicited and unwelcome sexual overtures or conduct.
The softcopy template is written in Word document using MS Office 365 version, Arial font, 12 font size, containing 4 pages of 8.5”x11” layout.Read more..
In compliance with the DOLE issuance, this template provides the following:
- Statement of Legal Compliance
- Declaration of Corporate Policy on Hepatitis B Prevention and Control
- Purpose
- Implementing Structure
- Coverage
- Guidelines
– Preventive Strategies - Recording, Reporting and Setting Up of Database
- Social Policy
– Non-Discriminatory Policy and Practices - Work Accommodation Arrangement
- Roles and Responsibilities of Workers
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Sample Affidavit of Cohabitation
₱1,200.00The Affidavit of Cohabitation is required for male employees who would be availing of the paternity leave under R.A. 8187, every married male employee in the private and public sectors shall be entitled to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting.
In the IRR of the law, “Paternity Leave” refers to the leave credits granted to a married male employee to allow him to earn compensation for seven (7) working days without reporting for work, provided that his spouse has delivered a child or had a miscarriage or an abortion for the purpose of lending support to his wife during her period of recovery and/or the nursing of the newly born child.
“Spouse” refers to the lawful wife. For this purpose, lawful wife refers to a woman who is legally married to the male employee concerned. “Cohabiting” refers to the obligation of the husband and wife to live together.
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Conditions for entitlement of paternity leave benefits are:
- he is employed at the time of delivery of his child;
- he has notified his employer of the pregnancy of his wife and her expected date of delivery subject to the provisions of Section 4 hereof; and
- his wife has given birth, suffers a miscarriage or an abortion.
As soon as the married male employee learns that his spouse is pregnant, he shall inform his employer of such pregnancy and the expected date of delivery within a reasonable period of time.
The employee shall accomplish a Paternity Notification Form to be provided for by the employer and submit the same to the latter, together with a copy of his marriage contract, or where not applicable, any proof of marriage. The notification requirement shall not apply in cases of miscarriage or abortion.
Any employee who has availed of the paternity benefits shall, within a reasonable period of time, submit a copy of the birth certificate of the newly born child, death or medical certificate in case of miscarriage or abortion, duly signed by the attending physician or midwife showing actual date of childbirth, miscarriage or abortion, as the case may be.
The paternity benefits may be enjoyed by the qualified employee before, during or after the delivery by his wife. The total number of days shall not exceed seven (7) working days for each delivery. This benefit shall be availed of not later than sixty (60) days after the date of said delivery.
The best proof of cohabitation is the affidavit. This template for Affidavit uses fictional name for purposes of illustration only. It contains the name, nationality, residence, and basic allegations.
It is important to state the place of cohabitation, the name of spouse, proof of valid marriage (marriage contract), validating proof of place of cohabitation (barangay captain’s certification), declaration of provision of support as spouses, and purpose of the Affidavit.
While it seems obvious, it should be properly signed and notarized.
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Tuberculosis Prevention and Control Policy
₱1,245.00This template is in accordance with the provisions of Executive Order No. 187 “Instituting a Comprehensive and Unified Policy for Tuberculosis Control in the Philippines (CUP),” and Department Order No. 73-05, Series of 2005 of the Department of Labor and Employment, the company hereby adopts the policies and programs on the prevention and control of tuberculosis in the workplace.
Reminder!!! Buyer of any of the HR Bundle Products should CHECK if this product is already part of the HR bundle before proceeding to buy. Thank you!
This expresses the company’s aim to afford a work environment that is compliant with occupational health and safety regulations, conducive to productive work and employee development in compliance with DOLE requirements.
The softcopy template is written in Word document using MS Office 365 version, Arial font, 12 font size, containing 4 pages of 8.5”x11” layout.
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In compliance with the DOLE issuance, this template provides the following:
- Statement of Legal Compliance
- Declaration of Corporate Policy on Hepatitis B Prevention and Control
- Purpose
- Implementing Structure
- Coverage
- Guidelines
– Preventive Strategies - Recording, Reporting and Setting Up of Database
- Social Policy
– Non-Discriminatory Policy and Practices - Work Accommodation Arrangement
- Roles and Responsibilities of Workers
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