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 the employer to know very well the right employment contract for certain engagement.

Under the Philippine setting, there are different forms of employment: 1) Probationary 2) Regular 3) Project 4) Seasonal 5) Casual 6) Fixed-Term. Each of these forms is governed by specific rules. They cannot be confused, otherwise, technicalities can lead to disastrous labor consequences.

Every form of employment contract has its own rules on termination, acquisition of tenurial security, duration, notice requirements with the Department of Labor and Employment (DOLE), presumption, degree of scrutiny accorded by the courts, etc. They have their own degree of liability on the part of the employer and protection to the employee.

For instance, regular employment accords the highest level of security of tenure to the employee. Being so, it bears upon the heaviest responsibility on the part of the employer.

This is the reason employers have to know the technical differences to avoid confusion. It is a practical endeavor to know the obligation of employer in a certain agreement and the extent of the rights of the employee.

Any ambiguity or doubt in the contract is resolved in favor of employees. This means that if the terms of the agreement agreed upon in a certain contract are vague, then it shall be interpreted in favor of the employee.

If the form of employment contract intended has the least labor obligation but the way the provisions are crafted is doubtful, the employee may be granted regular employment since that is the most favorable situation for the worker. Hence, the employer has to pay bigger labor obligations than he intended simply because he crafted an ambiguous agreement.

This course will help companies, employers, managers, and owners acquire the important knowledge to determine the right contract for certain engagement.

Get this course now by clicking the “Get the Course” button. See you in Classroom!

What you Will Learn

This course will give you the knowledge on how to make your decision to adopt the correct form of employment contract for certain engagement.

This lesson is compact yet contains the essential matters you may need to determine the appropriate agreement for every form of engagement. You have to know the rules governing each of the six (6) forms of employment in the Philippines.

Otherwise, you run the risk of exposing your company to labor liabilities that you did not intend to. Worse, lose a labor dispute where millions of pesos in damages can be adjudged.

In this video you will learn the following:

1. The six (6) forms of employment and when to use each of them
2. The rules applicable for each form of employment as to security of tenure, termination, duration, presumption, burden, rights, and obligations.
3. The rules on probationary employment
a. Nature and scope
b. Standards for regularization
c. “Regular from day one” rule
d. Mutual Extension
e. Termination

4. Rules on Project employment
a. Specific duration
b. Termination
c. Notice to DOLE

5. Rules on Seasonal employment
a. Specific duration
b. Termination
c. Notice to DOLE

6. Rules on Casual Employment
a. Not usually necessary and desirable
b. Directly related

7. Rules on Fixed-Term

Termination is usually the last resort when it comes to handling problem employee. There could be other primary approaches like coaching, mentoring, caddying, or any other similar methods. However, it is also a fact that there are employees which the company should let go.

This is the time when the company needs to have the knowledge to execute the legal way of termination. Otherwise, the company can be exposed to expensive litigation which it may not win due to technicality or lack of knowledge of the law.

This tutorial will guide you how to make your case defensible if it reaches the labor court. The lesson is compact yet contains the essential matters you may need to validly dismiss a problem employee.

You have to observe the issuance of the Notice to Explain or NTE, conduct the administrative Hearing or Conference if so requested in writing or provided in your Code of Conduct, and issue the Final Notice of Dismissal.

Get this course now by clicking the “Get the Course” button. See you in Classroom!

What you will learn?

This course will give you the knowledge on how to make your decision to terminate a problem employee in the Philippines be defensible if it reaches the labor court.

This lesson is compact yet contains the essential matters you may need to validly dismiss a problem employee. You have to observe the issuance of the Notice to Explain or NTE, conduct the administrative Hearing or Conference if so requested in writing or provided in your Code of Conduct, and issue the Final Notice of Dismissal.

In this video you will learn the following:

1. Valid termination of employee by following the legal requirements

2. Overview of the termination laws in the Philippines
a. Rights of employees
b. Rights of employer also known as the management prerogative

3. Due process required to validly terminate

4. Grounds for termination of employment when the employee is at fault

5. The steps required to terminate

6. The twin requirements

7. The two-notice rule