Labor Laws – LVS Online Academy https://lvsonlineacademy.com Philippines first online school Tue, 25 Feb 2025 01:55:46 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.4 Position Paper for Respondents, No Lawyer, Illegal Dismissal re Partial Closure or Cessation https://lvsonlineacademy.com/product/position-paper-for-respondents-no-lawyer-illegal-dismissal-re-partial-closure-or-cessation/?utm_source=rss&utm_medium=rss&utm_campaign=position-paper-for-respondents-no-lawyer-illegal-dismissal-re-partial-closure-or-cessation Tue, 25 Feb 2025 01:52:23 +0000 https://lvsonlineacademy.com/?post_type=product&p=6988 Position Paper for Respondents Illegal Dismissal AWOL Per Trip https://lvsonlineacademy.com/product/position-paper-for-respondents-illegal-dismissal-awol-per-trip/?utm_source=rss&utm_medium=rss&utm_campaign=position-paper-for-respondents-illegal-dismissal-awol-per-trip Tue, 25 Feb 2025 01:21:28 +0000 https://lvsonlineacademy.com/?post_type=product&p=6986 Sample Gender Based Sexual Harassment (Safe Spaces) Policy https://lvsonlineacademy.com/product/sample-gender-based-sexual-harassment-safe-spaces-policy/?utm_source=rss&utm_medium=rss&utm_campaign=sample-gender-based-sexual-harassment-safe-spaces-policy Fri, 01 Sep 2023 06:54:51 +0000 https://lvsonlineacademy.com/?post_type=product&p=6938
  • An act or series of acts involving any unwelcome sexual advances, requests or demand for sexual favors or any act of sexual nature, whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems, that has or could have a detrimental effect on the conditions of an individual's employment or education, job performance or opportunities;
  • A conduct of sexual nature and other conduct-based on sex affecting the dignity of a person, which is unwelcome, unreasonable, and offensive to the recipient, whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems;
  • A conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating environment for the recipient: Provided, That the crime of gender-based sexual harassment may also be committed between peers and those committed to a superior officer by a subordinate, or to a teacher by a student, or to a trainer by a trainee; and
  • Information and communication system refers to a system for generating, sending, receiving, storing or otherwise processing electronic data messages or electronic documents and includes the computer system or other similar devices by or in which data are recorded or stored and any procedure related to the recording or storage of electronic data messages or electronic documents.
    • The softcopy template is written in Word document using MS Office 365 version, Verdana font, 12 font size, containing 9 pages of 8.5”x11” layout MS 360. In compliance with the DOLE issuance, this template provides the following:
    1. Statement of Legal Compliance
    2. Declaration of Corporate Policy gender-based sexual harassment in the workplace
    3. Nature of gender-based sexual harassment in the workplace
    4. Relevant Definition
    5. Duties of the Company
    6. Duties of Employees and Co-Workers
    7. Information Campaign Against Gender-Based Sexual Harassment In The Workplace
    8. Procedures On Cases Involving Gender-Based Sexual Harassment In The Workplace
      • Overview Of The Complaint Procedure
      • Committee Composition
      • Retaliation
      • Written Policy
    9. Committee Rules In The Settlement And Disposition Of Cases Involving Gender-Based Sexual Harassment In The Workplace
      • Filing Of Complaint
      • Notice To Respondent And Reply
      • Hearing Or Conference
      • Notice Of Decision
      • Appeals
    10. Confidentiality
    [/show_more]]]>
  • An act or series of acts involving any unwelcome sexual advances, requests or demand for sexual favors or any act of sexual nature, whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems, that has or could have a detrimental effect on the conditions of an individual's employment or education, job performance or opportunities;
  • A conduct of sexual nature and other conduct-based on sex affecting the dignity of a person, which is unwelcome, unreasonable, and offensive to the recipient, whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems;
  • A conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating environment for the recipient: Provided, That the crime of gender-based sexual harassment may also be committed between peers and those committed to a superior officer by a subordinate, or to a teacher by a student, or to a trainer by a trainee; and
  • Information and communication system refers to a system for generating, sending, receiving, storing or otherwise processing electronic data messages or electronic documents and includes the computer system or other similar devices by or in which data are recorded or stored and any procedure related to the recording or storage of electronic data messages or electronic documents.
    • The softcopy template is written in Word document using MS Office 365 version, Verdana font, 12 font size, containing 9 pages of 8.5”x11” layout MS 360. In compliance with the DOLE issuance, this template provides the following:
    1. Statement of Legal Compliance
    2. Declaration of Corporate Policy gender-based sexual harassment in the workplace
    3. Nature of gender-based sexual harassment in the workplace
    4. Relevant Definition
    5. Duties of the Company
    6. Duties of Employees and Co-Workers
    7. Information Campaign Against Gender-Based Sexual Harassment In The Workplace
    8. Procedures On Cases Involving Gender-Based Sexual Harassment In The Workplace
      • Overview Of The Complaint Procedure
      • Committee Composition
      • Retaliation
      • Written Policy
    9. Committee Rules In The Settlement And Disposition Of Cases Involving Gender-Based Sexual Harassment In The Workplace
      • Filing Of Complaint
      • Notice To Respondent And Reply
      • Hearing Or Conference
      • Notice Of Decision
      • Appeals
    10. Confidentiality
    [/show_more]]]>         Sample Affidavit of Cohabitation https://lvsonlineacademy.com/product/sample-affidavit-of-cohabitation/?utm_source=rss&utm_medium=rss&utm_campaign=sample-affidavit-of-cohabitation Mon, 23 Jan 2023 09:56:08 +0000 https://lvsonlineacademy.com/?post_type=product&p=6841 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. [show_more more="Read more.." less="close"] Conditions for entitlement of paternity leave benefits are:
    1. he is employed at the time of delivery of his child;
    2. 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
    3. 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. [/show_more]]]>     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. [show_more more="Read more.." less="close"] Conditions for entitlement of paternity leave benefits are:
    1. he is employed at the time of delivery of his child;
    2. 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
    3. 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. [/show_more]]]>         Sample Termination of probationary employment https://lvsonlineacademy.com/product/sample-termination-of-probationary-employment/?utm_source=rss&utm_medium=rss&utm_campaign=sample-termination-of-probationary-employment Mon, 23 Jan 2023 09:48:08 +0000 https://lvsonlineacademy.com/?post_type=product&p=6839 Agustin vs. Alphaland Corporation, [G.R. No. 218282, September 09, 2020] the Supreme Court (SC) held that in all cases of probationary employment, the employer shall make known to the employee the standards under which he will qualify as a regular employee at the time of his engagement. Where no standards are made known to the employee at that time, he shall be deemed a regular employee. Hence, to safely terminate a probationary employee, there has to be a probationary employment contract where it is clearly stated that the employer / company has made known to the employee the standards under which he will qualify as a regular employee at the time of his engagement. Further, that failure on his part to meet such standards, the employment shall be terminated for failure to qualify. Reasonable standards shall refer to those measures which the employer will use as basis for qualification. These may include standards on performance, behavior, cooperation, punctuality, etc. Assuming that these standards are present and there are valid stipulations in the Contract for Probationary Employment, the sample Notice of Termination for Failure to Qualify (template) will serve the purpose [/show_more]]]> Agustin vs. Alphaland Corporation, [G.R. No. 218282, September 09, 2020] the Supreme Court (SC) held that in all cases of probationary employment, the employer shall make known to the employee the standards under which he will qualify as a regular employee at the time of his engagement. Where no standards are made known to the employee at that time, he shall be deemed a regular employee. Hence, to safely terminate a probationary employee, there has to be a probationary employment contract where it is clearly stated that the employer / company has made known to the employee the standards under which he will qualify as a regular employee at the time of his engagement. Further, that failure on his part to meet such standards, the employment shall be terminated for failure to qualify. Reasonable standards shall refer to those measures which the employer will use as basis for qualification. These may include standards on performance, behavior, cooperation, punctuality, etc. Assuming that these standards are present and there are valid stipulations in the Contract for Probationary Employment, the sample Notice of Termination for Failure to Qualify (template) will serve the purpose [/show_more]]]>