Company Policies, Employment Contracts, Independent or Outsourcing Agreements
About the Seminar
In labor complaints, the employment contract and the company policies are respectively the first and second line of defense of the employer. Thus, it is important that these contracts should be clearly and strongly written to manifest the intentions of the employer and the employee. Further, when work is outsourced/contracted out, the employer should have provide an independent/outsourcing agreement for independent contractors to avoid a labor case. Without a properly written independent/outsourcing agreement, labor law considers certain private outsourcing arrangements as actually employment contracts resulting in the principal/employer liable for illegal dismissal, monetary claims, and other liabilities.
The primary aim of the seminar is to train entrepreneurs and professional managers on how to properly draft company policies, employment contracts, and independent/outsourcing agreements to protect their businesses from labor complaints. Further, best legal practices will be taught to provide them with the legal knowledge, skills, and techniques on how to best apply labor laws in their companies.
Who Should Participate
The seminar is designed for entrepreneurs and professional managers who are keen on improving their legal knowledge and skills on labor laws, as well as those who want to learn best legal practices to protect their businesses and companies from labor complaints and liabilities.
A. Labor Laws and Employment Contracts
1. Rule: When in doubt, all labor laws and employment contracts are construed in favor of the safety and decent living of the laborer.
B. General rules on contract drafting
1. Keep it simple and short.
2. Cleary stipulate intentions (whereas clauses)
3. Principle of adhesion: contracts interpreted against those who drafted it
4. Important clauses in company policies, employment contracts, and independent/outsourcing agreements
C. Company Policies
1. Working Conditions
i. 8-hour workday rule
a. Flexible work arrangement
b. Compressed workweek
ii. 6-day a week rule
iii. 60-minute regular meal period
iv. Compensable working time
v. Lectures, meetings, trainings
2. Statutory Monetary Benefits
i. Minimum wage
ii. Holiday pay
iii. Premium pay
iv. Overtime pay
v. Night shift pay
vi. Service charge
vii. Service incentive leave
viii. Maternity leave
ix. Paternity leave
x. Parental leave
xi. Leave for VAWC
xii. Special leave for women
xiii. 13th month pay
xiv. Separation pay
xv. Retirement pay
xvi. ECC benefits
xvii. Philhealth benefits
xviii. SSS benefits
3. Promotions/Internal Hiring
i. Performance reviews
ii. Mechanisms for internal hiring
4. Disciplinary Actions
i. Substantive due process
a. Just Causes/Company Violations
b. Authorized Causes
ii. Procedural due process
a. 1st Written Notice
b. Opportunity to be Heard
c. 2nd Written Notice
D. Employment Contracts
1. In general:
i. Failure to comply with the requirements: Employee becomes a regular employee entitled to benefits and monetary claims, employer liable for illegal dismissal/backwages/reinstatement/separation pay, etc.
2. Regular Employment
a. Performs activities which are necessary or desirable
ii. Who are deemed regular employees for failure of employer to follow labor laws?
3. Probationary Employment
a. Probationary period: Maximum 6 months
c. Grounds for termination: Just Causes and Failure to Pass Standards/Criteria
4. Casual Employment
a. Incidental functions and responsibilities
b. Limited time of employment
c. 1-year rule: regular employee
5. Project Employment
a. Fixed project/undertaking and made known to employee
b. Completion/Termination of project determined
6. Seasonal Employment
a. Work is seasonable in nature
b. For duration of season which is determined
7. Fixed-Term Employment
a. Employment for a particular duration
b. Rules on contract followed
E. Independent/Outsourcing Agreements
1. Legitimate Job Contracting (Contracting Out)
2. Clearly state independent contracting/outsourcing arrangement (whereas clauses)
3. Specify fees/project costs, not wage
4. Itemize scope of works and details of the project
5. No employer-employee relationship clause
6. Require performance bond, if warranted
7. Jurisdiction in case of controversy
Schedule: Click to view BusinessCoach Seminar Schedule »
9:00 am – 4:00 pm
Php 3,000.00 per person (inclusive of snacks, lunch, seminar kit, handouts, certificate of attendance)
10% Discount if FULL AMOUNT is paid at least five (5) banking days before the event.
Please call to register, or you may download our registration form. Kindly fill-out, and send to us through fax (727.88.60) or email. You will receive a confirmation within 48 hours.
Mode of Payment
- Deposit payment at Banco de Oro, Savings Account Name: BusinessCoach, Inc. Then kindly fax deposit slip (indicate name of participant and seminar title) to confirm reservation.
- On-site payment (CASH only)
- Company checks are accepted, provided that they are received at least five (5) banking days before the event.
Cancellation by Attendee
Registrant may refund amount paid, with less 30% processing charge from the LISTED AMOUNT within 30 days, or opt to use the payment for a seminar of equal value within 60 days. Cancellation must be done at least 2 days before the event. Non-appearance or failure to inform us of cancellation will result to forfeiture of full amount paid.
Cancellation by BusinessCoach, Inc.
Registrant may refund full amount paid within 30 days, or may opt to use the payment for a seminar of equal value within sixty days of cancellation.
Payment may be refunded upon presentation of the original copy of bank deposit slip and a valid ID. Cash refund is strictly implemented, and may be availed only at the BusinessCoach, Inc. office in San Juan City, Metro Manila. BusinessCoach, Inc. does not deposit refunds.
Schedule may change without prior notice. Please call to confirm. BusinessCoach, Inc. is not liable for any expense incurred by seminar registrant resulting from cancellation of any of our events.
Please call (632) 727.56.28, (632) 225.66.16, or (632) 727.88.60
or call/text mobile numbers 0915.205.0133 / 0908.342.3162 / 0926.622.0768 / 0933.584.7266
For other inquiries, you may also leave a message in our contact form »