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Tag - employment contract

22 Feb

How to Determine the Correct Employment Contract for Employees

Employment laws in the Philippines are technical in nature, especially those governing the employment contracts for various nature of services. Many employers make the mistake of adopting the wrong contract. This is probably due to lack of knowledge of the concept, nature, and scope of each type of employment agreement. Sadly, the mistake committed can be costly which can even amount to millions of Pesos in backwages, damages, attorney’s fees, etc. Hence, it is a prudent action on the part of [...]

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11 Feb

Fixed-Term Employment Concept with Sample Template Contract Preview

Fixed-term employment agreement is one of the forms of employment under the Philippine labor law. It is not a concept based on the Labor Code. Rather, its legal basis is the Civil Code. Purchase a copy of the Fixed-Term Employment Contract here This contract should be used sparingly though. 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 [...]

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11 Aug

Employment contract is not entirely voided by a potestative condition imposed after the birth of the perfected agreement

Employment contract carrying a potestative condition is not entirely affected. A potestative condition is one the fulfillment of which depends exclusively upon the will of the debtor, in which case, the conditional obligation is void. If it pertains to the performance of the obligation and not on the birth of the perfected contract it shall affect only such provision and not the entire stipulations. Thus, the SC held in the case of Gemudiano vs. Naess Shipping Philippines, Inc. (G.R. No. 223825, [...]

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08 Jun

Employment Contracts Should Be Formulated According to the Peculiar Nature of Each Form of Employment

Employment contracts are among the primary sources of disputes between employer and employees. Most often, labor disputes involve provisions indicated in the employment contracts such as termination clause, pay, benefits, rest period, overtime, leave, etc. Employers or companies should draft and formulate contracts with high degree of precision to avoid legal complications. Considering that there various forms of employment in the Philippines the contracts should be drafted according to the peculiar rules of each engagement. At present, the forms of employment in [...]

By Labor Law 16 Comments Read more...
17 Apr

CONTRACT OF REGULAR EMPLOYMENT IN FILIPINO/TAGALOG

Contract of employment if expressed in writing will be beneficial to both the employee and employer as it provides the framework of rights and obligations between the parties. This prevents or at least minimizes misunderstanding. The post below is based on the soon-to-be published collection of forms, notices, and contracts in Filipino/Tagalog which will be useful with regard to employees who are not conversant in the English language. See other sample forms, notices and contracts in Human Resource Forms, Notices and [...]

By Labor Law, Sample Forms 23 Comments Read more...
02 Mar

COMMISSION CAN BE FORFEITED BY EMPLOYER

If Agreed Upon in an Employment Agreement, Commission can be Forfeited upon Violation of Non-Compete Clause In an employment agreement, the Mr. Babiano agreed that in case of violation of the non-compete clause, his sales commission can be forfeited. During the time of his employment with Century Properties, he admitted having applied and worked for a competitor. Hence, his commission was forfeited as agreed upon. He filed a complaint claiming for his commission. But the Supreme Court declared that forfeiture was [...]

By Labor Law, Uncategorized , , 16 Comments Read more...
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