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HIV / AIDS Prevention and Control Policy
₱1,249.00This template is in accordance with the provisions of Republic Act No. 8504, otherwise known as “Philippine AIDS Prevention and Control Act of 1998,” D.O. 102-10 or the rules implementing RA 8504, ILO Code of Practice, and the company hereby adopts the following policy on full protection of human rights and civil liberties of persons suspected or known to be infected with HIV/AIDS.
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 provide a safe, respectful and discrimination-free work environment to employees and company stakeholders, to uphold human dignity, human rights and civil liberties. The company is committed to afford full protection to persons suspected or know to be infected with HIV/AIDS.
To this end, the company, through a collaborative efforts with its employees, adopts the policy for HIV/AIDS cases.
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.
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 shows sample provisions on:
- 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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Authority to Deduct / Withhold (Filipino)
₱1,250.00This 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 crafted in Filipino / Tagalog.
This is written in MS Word document, editable, provided the user’s device and program are compatible in such platform. This will be sent to the buyer via email upon completion of purchase.
This is the best document to use for employees who are not conversant of the English language and who are more familiar with the Filipino / Tagalog.
This document pertains to the admission of employee of his liability which 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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Sample Drug Free Workplace Policy – Soft Copy Editable Template
₱1,395.00Product Description of Drug-Free Workplace Policy
This is a soft copy template saved in Word File and editable in Word Document.
This contains the sample terms, conditions, clauses, policy statements, and provisions of the policy described.
See the Description below to view the Contents of this soft copy template.
This template is in accordance with the provisions of Section 47, Article V, Republic Act No. 9165, “The Comprehensive Dangerous Drugs Act of 2002”, and the Department Order No. 53-03, “Guidelines for the Implementation of a Drug-Free Workplace Policies and Programs for the Private Sector” issued by the Department of Labor and Employment (DOLE).
This expresses the company’s adoption of the policy on prevention of drug abuse in the workplace and the procedures of resolution and disposition of such cases.
The softcopy template is written in Word document using MS Office 365 version, Arial font, 12 font size, containing 6 pages of 8.5”x13” layout.
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In compliance with the DOLE issuance, this template provides the following:
1. Statement of Legal Compliance
2. Declaration of Corporate Policy
3. Definition of Terms
a. Employee
b. Assessment Team
c. Screening Test
4. Implementing Guidelines
5. Involvement of Critical Departments in the Implementation
6. Education and Awareness Program
7. Random Drug Testing
8. Implementation and Evaluation
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Mandatory Vaccination Policy for Onsite Workers (English Version)
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Digest of Critical Decisions of the Supreme Court on Labor Cases
₱1,485.00Title: Digest of Critical Decisions of the Supreme on Labor Cases
(YEARS 2015, 2016, 2017 & 2018 Decisions)- Just cause for dismissal: Two steps process on Immorality; Totality of infraction principle;
- Procedural: Reglementary period to appeal; supersedeas bond; computation of backwages; finality of award
- OFW (Permanent disability; 120 day rule; 240 day rule; Krestel Ruling; InterOrient Shipping Doctrine; Lex loci contractus; forum non conveniens)
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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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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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Sample Contract for Part-Time Employment (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.
A part-time employee is one who is engaged to perform services for a shorter period of time than those considered as normal in the establishment. This type of employee may undergo probationary period. The probation period of a part-time employee shall be equivalent to the hours it takes a full-time employee to complete a six- month probationary period.
Thus, a part-time employee can be a regular employee also. Acquiring a regular status is not dictated by the amount of time per day one has to render service.
An employee can acquire regular status when the term of his contract shows that he is engaged in a regular or permanent status; when the term of his employment indicates that he is employed for an indefinite period; when he continues to perform work or services even after the expiration of the probationary period, and when he performs work or services usually necessary or desirable in the usual business or trade of the employer.
One’s regularity of employment is not determined by the number of hours one works but by the nature and by the length of time one has been in that particular job. (Perpetual Help Credit Cooperative vs. Faburada, G.R. No. 121948. October 8, 2001)
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Now, in crafting the contract for part-time employment, the employer should bear in mind the following:
- The employment is for part-time employment only
- 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
- Office Decorum
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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Fixed-Term Employment to Relieve an Ailing Employee
₱1,495.00This contract should be used sparingly. Fixed-term employment agreement is a highly specialized form since it lies more on the exception than the rule.
This means that when there is doubt as to propriety on the use of this agreement, it shall be resolved by labor authorities in favor of employees. For instance, as between the claim that the employee is fixed-term and regular, the labor tribunal will most likely rule that the employee is regular if there is doubt in the terms used in the agreement.
The sample template here minimizes if not eliminates doubts since this was crafted in accordance with the legal requirements.
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Our jurisprudence had likewise settled the legitimacy of fixed-term employment. In the landmark case of Brent School, Inc. v. Zamora (260 Phil. 747, 756-757, 763-764 (1990).) the Supreme Court held that regular employment rules have no application to fixed-term employment. The latter is a relationship where a fixed period of employment was agreed upon knowingly and voluntarily by the parties, without any force, duress or improper pressure being brought to bear upon the employee and absent any other circumstances vitiating his consent, or where it satisfactorily appears that the employer and employee dealt with each other on more or less equal terms with no moral dominance whatever being exercised by the former over the latter.
The Court laid down the following indicators under which fixed-term employment could not be construed as a circumvention of the law on security of tenure: (a) The fixed period of employment was knowingly and voluntarily agreed upon by the parties without any force, duress, or improper pressure being brought to bear upon the employee and absent any other circumstances vitiating his consent; or
(b) It satisfactorily appears that the employer and the employee dealt with each other on more or less equal terms with no moral dominance exercised by the former or the latter. (OKS Designtech, Inc. vs. Caccam, G.R. No. 211263, August 05, 2015).
Thus, following the above rules, the fixed-term agreement is best for instances where the regular employee has gone on maternity leave. This indicates the replacement as temporary in nature since after the maternity the employee returns to work. The company cannot afford to have two regular employees for the same post. This is the reason why fixed-term contract is the best to use here. It also applies to similar circumstances where temporary assumption of duties of a regular position is necessary. It is much safer not to extend if the term has arrived since this form of contract should strictly follow the rules.
The template here is designed having in mind a regular employee who takes a medical leave due to illness. Since the post is regular or plantilla, the replacement cannot become regular since when the employee on leave returns there cannot be two holders for the same position. That is not the intention of the employer.
Hence, the best contract to use is the Fixed Term since this does not confer regular status as long as the parties have complied with the requisites for valid Fixed Term employment.
In the template, the following are indicated:
1. Parties to the agreement;
2. Whereas clauses;a. Term
b. Duration
c. Voluntariness3. Commencement Clause
4. Just and Authorized cause for dismissal or termination
5. Place of posting
6. Duties and responsibilities
7. Compensation and benefits
8. Consent under Data Privacy Law
9. Signature
10. Acknowledgmentclose
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Mental Health Policy and Programs Template
₱1,498.00This Template provides sample policies and programs in compliance with Republic Act No. 11036 (Mental Health Act), Department Order No. 208, Series of 2020 (Guidelines for the Implementation of Mental Health Workplace Policies and Programs for the Private Sector), and Republic Act No. 11058 (An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof).
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Contract for Probationary Employment Daily Paid Employee – Soft Copy Editable Template
₱1,595.00CONTRACT FOR PROBATIONARY EMPLOYMENT
SOFT COPY 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.
A probationary employee is one who, for a given period of time, is being observed and evaluated to determine whether or not he is qualified for permanent employment.
A probationary appointment affords the employer an opportunity to observe the skill, competence and attitude of a probationer.
The word probationary, as used to describe the period of employment, implies the purpose of the term or period (Enchanted Kingdom, Inc. vs. Verzo, G.R. No. 209559, December 09, 2015).
While the employer observes the fitness, propriety and efficiency of a probationer, to ascertain whether he is qualified for permanent employment, the probationer, at the same time, seeks to prove to the employer that he has the qualifications to meet the reasonable standards for permanent employment. (41Escorpizo v. University of Baguio, 366 Phil. 166, 175-176 (1999).)
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The concept of probationary employment was, thus, introduced for the benefit of the employer to provide him with ample time to observe and determine whether a newly hired employee has the competence, ability and values necessary to achieve his objectives.
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.
Employers should be careful in crafting probationary employment since any ambiguity shall be resolved in favor of labor (Art. 4, Labor Code). Such favor means regular employment since it offers a better status of the employee.
It bears noting as well that an employee who was not informed of the reasonable standards for regular employment shall be deemed as regular from day one. Thus, it makes better sense when these standards are included in the contract.
As held in Buiser vs. Leogardo, an probationary employment may also be extended upon mutual consent of the parties. This means that instead of terminating an employee who failed the trial period he is given a chance. Now, to avoid ambiguity, the employment contract should already provide a clause for this just like what is found in this template.
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 probationary employment
4. Extension Clause
5. Termination of Employment
6. Place of Posting
7. Duties and responsibilities clause- Reasonable Standards Metrics
i. Performance
ii. Punctuality/Attendance
iii. Behavior
iv. Teamwork
v. Initiative - Periodic Evaluation
- Passing Clause
8. Compensation and Benefits
9. Office Decorum
10. Non-compete Clause
11. Training Expenses
12. Data privacy consent clauseclose
- Reasonable Standards Metrics
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Release, Waiver and Quitclaim Third Party Shot Dead – Soft Copy Editable Template
₱1,595.00DESCRIPTION OF RELEASE, WAIVER & QUITCLAIM FOR NON-EMPLOYEE WHO WAS SHOT DEAD
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 form contemplates a situation where there are claimants against the company for the alleged death caused by its security contractor who shot dead the individual or third-party individual. There are other situations where death may be caused to third party.
The challenge always is how to craft a document that will legally improve the protection of the company against any lawsuit if it intends to extend a helping hand to the relatives of spouse of the deceased.
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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