labor laws – LVS Online Academy

Position Paper for Respondents, No Lawyer, Illegal Dismissal re Partial Closure or Cessation

lvs-admin — Tue, 25 Feb 2025 01:52:23 +0000

Position Paper for Respondents Illegal Dismissal Case, Authorized Cause Cessation of Operations - Partial, Company not Represented by Lawyer Introductory Price until 30 June 2025: PhP6,500.00 Regular Price: PhP8,500.00 While it is not required that a lawyer be engaged to defend against a labor case, Position Paper, Reply, and Rejoinder are submissions that require understanding of basic legal technicalities. For companies or employers that cannot afford the services of a counsel, this can be a nightmare without any template or reference. In certain cases, most HR practitioners hired by companies are familiar with the basic laws and allegations. Thus, a template usually supplements this making the company able to file the Position Paper even without the engagement of a counsel. With mastery of facts of the case, basic labor laws, sense of justice, common sense, and this template, any employer who intends to defend against a labor suit, with conviction to obtain justice, may successfully file an acceptable Position Paper. This template is intended for use by employer / company that is not represented by a lawyer in the filing of Position Paper (PP). This contemplates companies that cannot afford full legal service or legal representation and has to defend itself in a labor case. This involves a termination for authorized cause, specifically partial closure or cessation of operation involving a company’s fishing vessel and termination of some crew members. Employers closing in part their operation can benefit from this template by employing analogy and association of arguments. [show_more more="Read more.." less="close"] The template is in font 14 (titles and other sub-titles have different font sizes), Arial, Microsoft Word 360 or any updated version. The template contains the following sections: 1. Title 2. Parties 3. Docket Number 4. Prefatory Statement 5. Parties 6. Facts 7. Issues 8. Arguments and Discussion 9. Prayer / Relief 10. Copy furnish Considering that this is intended from companies without counsel, the authorized representative (usually, HR or any Manager), should have the authority of the company. Since the company is a sole proprietorship, the SPA of the owner will do. If the company is a corporation, then it has to be supported by a Secretary Certificate of a Board Resolution. In this case, separate SPA should be issued by the individual respondent. Other documents to accompany the submission of Position Paper are Verification and Certification Against Forum Shopping (VCAFS), Annexes. Submission is simultaneous which means in the presence of each other, in front of the Labor Arbiter (LA). After the PP, parties will be required to submit Reply (RP) or Rejoinder (RjP). The purchase of this template is not a replacement for a legal advice, strategy, representation, and counsel. Hence, the buyer should proceed at his own risk and render LVS, its management, and officers free and harmless from any liability. Purchased copy will be sent to buyer’s email. [/show_more]

Position Paper for Respondents Illegal Dismissal AWOL Per Trip

lvs-admin — Tue, 25 Feb 2025 01:21:28 +0000

Position Paper for Respondents Illegal Dismissal Case, Not Dismissed (AWOL), Per Trip Company not Represented by Lawyer This template is intended for use by employer / company that is not represented by a lawyer in the filing of Position Paper (PP). This contemplates companies that cannot afford full legal service or legal representation and has to defend itself in a labor case. The template is in font 14 (titles and other sub-titles have different font sizes), Arial, Microsoft Word 360 or any updated version. The template contains the following sections: 1. Title 2. Parties 3. Docket Number 4. Prefatory Statement 5. Parties 6. Facts 7. Issues 8. Arguments and Discussion 9. Prayer / Relief 10. Copy furnish [show_more more="Read more.." less="close"] Considering that this is intended from companies without counsel, the authorized representative (usually, HR or any Manager), should have the authority of the company. Since the company is a sole proprietorship, the SPA of the owner will do. If the company is a corporation, then it has to be supported by a Secretary Certificate of a Board Resolution. In this case, separate SPA should be issued by the individual respondent. Other documents to accompany the submission of Position Paper are Verification and Certification Against Forum Shopping (VCAFS), Annexes. Submission is simultaneous which means in the presence of each other, in front of the Labor Arbiter (LA). After the PP, parties will be required to submit Reply (RP) or Rejoinder (RjP). The purchase of this template is not a replacement for a legal advice, strategy, representation, and counsel. Hence, the buyer should proceed at his own risk and render LVS, its management, and officers free and harmless from any liability. [/show_more]

Sample Gender Based Sexual Harassment (Safe Spaces) Policy

lvs-admin — Fri, 01 Sep 2023 06:54:51 +0000

This template is in accordance with the provisions of Republic Act No. 11313, otherwise known as “An Act Defining Gender-Based Sexual Harassment in Streets, Public Spaces, Online, Workplaces, and Educational or Training Institutions, Providing Protective Measures and Prescribing Penalties Therefor”. This expresses the company’s aim to afford employees the opportunity to work in an environment free of gender-based 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 gender-based sexual harassment in the workplace. This also enunciates the company’s thrust to value the dignity of every human person and guarantee full respect for human rights, recognize the role of women in nation-building and ensure the fundamental equality before the law of women and men; that both men and women must have equality, security and safety in workplaces. Gender-Based Sexual Harassment in the Workplace. The crime of gender-based sexual harassment in the workplace includes the following: [show_more more="Read more.." less="close"]

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:

Statement of Legal Compliance
Declaration of Corporate Policy gender-based sexual harassment in the workplace
Nature of gender-based sexual harassment in the workplace
Relevant Definition
Duties of the Company
Duties of Employees and Co-Workers
Information Campaign Against Gender-Based Sexual Harassment In The Workplace
Procedures On Cases Involving Gender-Based Sexual Harassment In The Workplace
- Overview Of The Complaint Procedure
- Committee Composition
- Retaliation
- Written Policy
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
Confidentiality

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Sample Affidavit of Cohabitation

lvs-admin — Mon, 23 Jan 2023 09:56:08 +0000

The 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. [show_more more="Read more.." less="close"] 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. [/show_more]

Sample Termination of probationary employment

lvs-admin — Mon, 23 Jan 2023 09:48:08 +0000

The template provided will assist employers / companies in properly and validly executing the termination of probationary employees. (Note: There is a sample Notice of Termination for Failure to Qualify / of Probationary Employee below this guide) Termination of probationary employment is a technical matter under the Philippine law. There are specific rules applicable only to probationary employees which if confused with all others may cause issues to the employer or the company. Under Art. 296 of the Labor Code, as amended, a 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. [show_more more="Read more.." less="close"] Section 6 (d) of the Implementing Rules of Book VI, Rule I of the Labor Code provides that there is probationary employment where the employee, upon his engagement, is made to undergo a trial period during which the employer determines his fitness to qualify for regular employment based on reasonable standards made known to him at the time of engagement. In the case of 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]

Sample Paternity Leave Notifcation Form

lvs-admin — Mon, 23 Jan 2023 09:22:46 +0000

The Paternity Notifcation form is required to be provided by the company for male employees who intend to avail of the paternity leave benefits 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. [show_more more="Read more.." less="close"] Conditions for entitlement of paternity leave benefits are: a. he is employed at the time of delivery of his child; b. 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 c. 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. LVS has a template for Affidavit which may be accessed through its website. [/show_more]

Fixed-Term Employment to Relieve an Ailing Employee

lvs-admin — Thu, 12 Jan 2023 09:31:17 +0000

This 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. [show_more more="Read more.." less="close"] 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. Voluntariness 3. 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. Acknowledgment [/show_more]

Notice of Extension of Project Employment – Filipino/Tagalog Soft Copy

lvs-admin — Sun, 25 Sep 2022 07:56:26 +0000

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) 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. [show_more more="Read more.." less="close"] While it is required that the project should have a duration, it is also acceptable in practice that the contract may extend due to circumstances beyond the control of the employer. In this case, the contract may be extended accordingly based on another estimated completion date. Factors affecting the extension could be delays in the delivery of materials, inclement weather, strike, etc. The sample notice templates are one written in English and another in Filipino / Tagalog. The reason there is a draft in Filipino / Tagalog is that there are workers who are not conversant in English language, especially in jobs covered by project employment. A sample notice will help employers to overcome the technicalities of this form of employment. Issuing a notice of extension is a good practice since if the employee is extended beyond the project completion date, he cannot anymore be terminated on the ground of project completion because he may be considered as regular employee. A regular employee can only be terminated under Art. 297, 298, and 299 of the Labor Code, as amended. The notice serves as evidence of the company of the extension based on justifiable grounds. The notice is evidence of the project arrangement as well and helps eliminate doubts and ambiguities in the project employment contract. It should always be noted that any doubt or ambiguity in the project employment contract is resolved in favor of labor. As between project employment and regular employment, the latter is the more favorable status for employee. Thus, it is a disaster indeed if the employer intended the employment to be for a project and only for the relationship to be declared for regular employment simply because the project employment contract fails to comply with the elements and requisites for validity. This template is best used if there is already a Project Employment Contract Template using the LVS forms both in English and Filipino / Tagalog. This template is easy to edit using the Word application. This version is using MS Office 365 with provisions substantially expressed in Filipino / Tagalog. Salient points of this template are:

Name of Employee
Nature of Project designation
Indication of project employment
The fact of duration and original completion date
The incidents affecting the completion date and reasons for extension
Citation of specific clause or provisions in the contract where parties stipulate for possible extension
New completion date

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Contract for Probationary Employment Monthly Paid English Version

lvs-admin — Fri, 16 Sep 2022 14:46:46 +0000

CONTRACT FOR PROBATIONARY EMPLOYMENT FOR MONTHLY PAID EMPLOYEE

SOFT COPY DESCRIPTION

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).) [show_more more="Read more.." less="close"] 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:

Parties
Whereas Clause
Commencement of probationary employment
Extension Clause
Termination of Employment
Place of Posting
Full Time Service
- Prohibits Moonlighting
- Prohibits Sideline, etc.
Duties and responsibilities clause
- Reasonable Standards Metrics
  - Performance
  - Punctuality/Attendance
  - Behavior
  - Teamwork
  - Initiative
- Periodic Evaluation
- Passing Clause
Compensation and Benefits
- Specifically indicating the factor used and the deemed payment of Saturday and Regular Holidays
Office Decorum
Non-compete Clause
Training Expenses
Data privacy consent clause

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Tuberculosis Prevention and Control Policy

lvs-admin — Thu, 23 Jun 2022 13:51:47 +0000

This 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. 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. 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. [show_more more="Read more.." less="close"] 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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