Author Archive

HR Notices and Forms, Employee Handbook, Code of Conduct, Termination Notices

This is a follow up (Volume 2) of the bestselling first volume of HR Forms and Notices published by LVS Publishing in 2011.
Image of guide book on HR Notices and Forms, including Code of Conduct, Employee Handbook, collective bargaining agreement
This book contains important samples of HR forms and notices, including essential documents such as:

  • Employee Handbook
  • Code of Conduct
  • Collective bargaining agreement
  • Dismissal notices for abandonment, falsification, theft, pornography, immorality, etc.
  • Termination notices for redundancy, installation of labor-saving devices, retrenchment and disease
  • Suspension of operations notices
  • Reinstatement notice

This thick compilation of notices and forms has over 300 pages of useful documents for your office, company, small business or library.

Now available. Credit cards are accepted but only through PayPal (a secure third party payment system so we don’t collect your credit card information) at Php 896 plus delivery costs.

Real Estate Practice in the Philippines

LVS Publishing has a new offering, this time for real estate agents, brokers, sales persons, consultants and appraisers in the Philippines. Guide book on Real Estate Practice in the Philippines

This new guide answers frequently asked questions on RA 9646, the Real Estate Service Act and the Code of Ethics.

Written by lawyer, Atty. Elvin B. Villanueva.

Price: Php 450 plus delivery costs if paid via PayPal.

New! Ebook on Minimum Wage and Wage Orders by Atty. Elvin Villanueva

Wages or salaries are the amounts workers or employees receive as compensation from employers for the work they regularly perform.  While business owners and workers are allowed to agree on specific amounts as salaries, these must not be lower than the minimum wage set by the Regional Tripartite Wages and Productivity Boards (RTWPBs).

What are wage orders?

Minimum wages vary depending on the industry and location (region) of the business.  Regional Wage Orders specify:

–        the daily minimum wage rates and

–        exemptions from compliance

Wage increases occur when Wage Orders are issued.  These affect all private sector workers and employees receiving the daily minimum wage rates or those receiving up to a certain daily wage ceiling.

But not everyone may be entitled to the minimum wage.

There are exceptions such as househelpers and family drivers as well as companies that are granted limited exemptions.

What happens when a company or business pays its employees or workers salaries or wages below the minimum amount set by law?

Wage orders should not be ignored as stiff fines and the penalty of imprisonment  may be imposed upon an employer who refuses or fails to pay the prescribed increases or adjustments in the wage rates.

But what about Wage/salary distortion?

Companies often follow salary pay scales or pay grades according to differentiate work roles, positions and levels. Occasionally, mandated wage increases elevate salaries of lower positions so that the salary of a Grade Level One position may become equal to the salary of the next higher rank.  In this case, what should the employer do?  Assuming the company has decided to address wage distortion, how should he go about it?

This Guide includes various formulae in resolving wage distortion and demonstrates each with an example. It also presents a solution for companies that are unionized.

Exemptions from wage orders

Some employers may be exempt from compliance with minimum wage orders. But in certain instances, a prior application for exemption must first be obtained through application and approval.  If the application is disapproved, at what point should the company pay its employees the minimum wage? From the date of the application or from the date of disapproval?

These and other related issues are discussed in the Guide on Wage Orders and Minimum Wage. The eBook version now includes:

–        the latest Wage Order No. NCR-16 granting P22.00 COLA

–        updated list of regional wage rates as of July 1, 2011

–        Labor Advisory dated July 07, 2011 on the treatment of COLA in regular holiday pay

Ebook version (2011 revised edition) on Wage Orders and Minimum Wage guide is now available at ManilaBookSales.Com at Php 597.00.

Wage Order and Minimum Wage by Atty. Elvin Villanueva

NEW!!! 44 Rules on Employee Transfer and Demotion

Sales are the lifeblood of businesses, big and small.  Employee performance and the management of human resources are vital as well in business.

Call centers, pharmaceutical companies and manufacturing enterprises often review sales performance of employees against quotas and other performance standards.  The usual problem arises when an employee fails to meet these standards yet management still feels that it’s possible to retain an employee by transferring him or her to another position where his or her skills are best suited.

In other instances, companies undergo reorganization in order to streamline operations, reduce costs or change business directions.  In most cases, organizational changes can result in transfers and demotions.

The question often asked is:

“Is it legal to transfer and demote an employee in the Philippines?”

Employers generally have management prerogatives which include the right to transfer and demote employees but these prerogatives are subject to certain limitations found in legal provisions and case law.  These sources of law bind everyone in the Philippines, whether you know of them or not.


HR officers and business owners ordinarily implement decisions and later turn to lawyers for advice or worse, legal assistance, only when faced with court action.  But an increasing number are now turning to law guides and lawyers for PRIOR advice to avoid serious consequences.

44 Rules on Employee Transfer and Demotion is one such guide which provides answers to the usual questions on employee transfer and demotion. This is a must-have for employers who wish to make the right decision and avoid or minimize litigation.

Mistakes in effecting the transfer or demotion can cost the employer huge sums of money in the form of an award for backwages, damages and attorney’s fees in favor of the illegally transferred or demoted worker.


This work can guide HR specialists, managers and business owners in making the right decisions and implementing management choices the legal way.  Questions regarding timing of transfer, acts to avoid, lateral functions, location, and rank are concisely discussed in this work. The dos and don’ts in demotion are also clearly and completely explained.  The concepts are easy to understand making this book an important tool in every HR practitioner or business owner’s business kit.

Read what HR managers and other responsible company officers are saying about this guide:

“Employee Transfer and Demotion is a very useful tool for HR practitioners. It makes our job easier, efficient and legally defensible. Kudos to Atty. Villanueva and Atty. Florido for this wonderful book. —Bheng Materum, Personnel Officer, Geoestate Corporation

“Very practical, direct to the point and comprehensive.” —  Elenor Alnajes. HR/Admin Manager, X-Habit, Inc.

This book is another milestone in Human Resource literature. Business owners and practitioners alike will find this helpful.—– Bobbit Jimenez, Controller, Citadel


Demotions are treated as dismissals from employment.  This is why the latest Supreme Court cases require employers to observe due process including the giving out of notices.  Certain things must appear in the notice for it to be sufficient.  This book will guide you by providing sample forms relating to demotions and transfers. Just fill them up or make some adjustments to suit the circumstances of your business or employee.

44 rules on Employee Transfer and Demotion is now available at National Book Store outlets, Fully Booked and Powerbooks.  For quick and convenient purchase and reading, this guide is also available  in EBook and Kindle formats, perfect for your PC, Ipad, Kindle and tablet. Ebook Price: Php 497.00

44 Rules on Employee Transfer and Demotion

44 Rules on Employee Transfer and Demotion




Ebook: All About Employee Leave Benefits

Ebook on Leave Benefits

Synopsis: “Leave Benefits” refer to absences an employee is allowed to take for various reasons, authorized by law. It is called a benefit because ordinarily, an employee who avails of a leave benefit is entitled to go on leave and still get paid while on a time off. Otherwise, all other absences may not be paid by the employer under the “No Work, No Pay” policy of labor laws.

The new book on leave benefits by Atty. Elvin B. Villanueva is a compact yet complete guide on Leave Benefits and is available in ebook form, which makes it even easier to read.

With an ebook, you save time when looking for what you need and get the exact legal provisions because everything that you need to know has been sifted, lifted and packaged in this electronic pocket guide. This book is also ideal for people on the go.

Author Atty. Elvin Villanueva discusses the topic complete with the latest laws and rules and cites actual cases decided by the Supreme Court, in a language easily understood by the ordinary reader.

Ebook Topics:

  • Service Incentive Leave,
  • Maternity,
  • Paternal,
  • Gynecological leave,
  • VAWC leave and other employee leave benefits required by law.

Price: Php397.00 per eBook, ordered and delivered online.

Author: Atty. Elvin Villanueva, LVS Publishing

Also available, Ebook on Night Shift and Overtime Pay. Click here to order your copy.

How to Compute Night Shift and Overtime Pay (Ebook)

Employees who work between the hours of 10 p.m. to 6 a.m. are entitled to night shift differential pay also known as Night Shift Pay to compensate them for the hazards and inconvenience of working at odd hours when the body is normally asleep. Overtime pay, on the other hand, is additional pay for work performed beyond 8 hours in a day. Both additional pays follow legal formulas for computing the total amount due to the employee affected but are often the source of confusion among employers, managers, and business owners.

This ebook by Atty. Elvin Villanueva shows how to compute them along with the applicable rules in an easy-to-understand manner– perfect for those who dislike technical language.

Are you currently engaged in a case due to overtime or night differential issues?

You can learn the rules when you buy this book and avoid making similar mistakes in the future. It is the easiest way to understanding employee benefits at your most convenient time and place with this E-book format. Only Php 397.00 delivered within a few hours after payment online.

For HR Practitioners: HR Forms, Notices and Contracts Book

Human Resources Notices, Forms and Contracts (Philippines)

HR Notices, Forms and Contracts ; Php 568.00

 Title:  Human Resource Forms, Notices & Contracts

Authors:  Atty. Elvin Villanueva and Sheila Emata

Date Published: 2011

Publisher: LVS Rich Publishing


Another quality product from LVS Rich Publishing, HR Forms, Notices and Contracts is a collection of HR documents ordinarily used in the course of business in the Philippines.  With 155 samples of various forms, notices and contracts, this book is a valuable resource for HR specialists.

A must-have for business owners and HR practitioners.

Price :  Available now at Php568plus courier charges.



“How to Pass the Bar Exams” by Atty. Elvin Villanueva

LVS "How to Pass the Bar Exams"The Philippine bar exams are a notoriously difficult licensing requirement that must be completed in 4 consecutive Sundays in September each year.  The mortality rate is high as the average numbers of examinees that make it comprise a mere 15 to 19% annually. 

Lawyer and author Elvin Villanueva brings us another great guide for law students and graduates who are planning to take the Philippine bar exams.  Preparation, focus, mental stamina and a good memory are just some of the essential elements of passing the bar exams and Elvin Villanueva reveals his technique that enabled him to hurdle the bar while maintaining a job as HR executive.

NOW AVAILABLE at Php 368.00 plus shipping.

Requirements for Valid Retrenchment Under Philippine Laws

Retrenchment refers to the termination of employment initiated by the employer through no fault of and without prejudice to the employees.

It is resorted to during periods of:

  • business recession,
  • industrial depression,
  • seasonal fluctuations, 
  • lulls occasioned by lack of orders,
  • shortage of materials,
  • conversion of the plant to a new production program, or
  • automation

While labor laws allow retrenchment as a company’s valid exercise of management prerogative, it must comply with certain requirements for it to be valid:

(1) the retrenchment is reasonably necessary and likely to prevent business losses which, if already incurred, are not merely de minimis, but substantial, serious and real, or only if expected, are reasonably imminent as perceived objectively and in good faith by the employer;

(2) the employer serves written notice both to the employee/s concerned and the DOLE at least one month before the intended date of retrenchment;

(3) the employer pays the retrenched employee separation pay in an amount prescribed by law;

(4) the employer exercises its prerogative to retrench in good faith; and

(5) the employer uses fair and reasonable criteria in ascertaining who would be retrenched or retained. 

The business losses sought to be avoided should not simply be  a drop in the earnings of the company in order for retrenchment to be justified.  A mere decline in gross income cannot in any manner be considered as serious business losses.  It should be substantial, sustained and real.

Case of : Lambert Pawnbrokers and Jewelry corporation and Lambert Lim vs. Helen Binamira, G.R. No. 170464. July 12, 2010.

Learn more about the legal requirements for retrenchment from Valid Dismissal of Employment by Atty. Elvin Villanueva.

Computation of Termination Pay

The minimum amount of a terminated or dismissed employee’s termination pay depends on the reason or ground for his dismissal, either a half month’s pay or one month’s pay for every year of service, but in no case will an employee get the equivalent of less than one month’s pay.

Cases where employee is entitled to a half month’s pay for every year

  1. Retrenchment to prevent losses, i.e. reduction of personnel affected by management to prevent losses
  2. Closure or cessation of operation of an establishment not due to serious losses or financial reverses; and
  3. When the employee is suffering from a disease not curable within a period of six (6) months and his continued employment is prejudicial to his health or to the health of his co-employees.

Cases where employee is entitled to one month’s pay for every year

  1. Installation of labor-saving device, such as replacement of employees by machineries or computerization;
  2. Redundancy, as when the position of the employee has been found to be surplusage or unnecessary in the operation of the enterprise;
  3. Impossible reinstatement of the employee to his former position or to a substantially equivalent position for reasons not attributable to the fault of the employer, as when the reinstatement ordered by a competent authority cannot be implemented due to closure or cessation of operations of the establishment or employer, or when the position to which he is to be reinstated no longer exists and there is not substantially equivalent position in the establishment to which he can be assigned.

Learn more about how to compute termination pay and other legal requirements of dismissing employees from Guide to Valid Dismissal of Employees by Atty. Elvin Villanueva.

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