Get your employee's consent to implement a flexible work arrangement for your business
Flexible work arrangements refer to alternative arrangements or schedules other than the standard work hours, workdays and workweek. Flexibility in the work schedules of employees is beneficial as it allows reduction of business costs while saving jobs and maintaining competitiveness and productivity in industries.
Flexible work arrangements are based on voluntary consent and conditions mutually acceptable to both management and employees. If you intend to adopt a flexible work arrangement for your business, you will need your employees to sign an “Employee Consent Form to a Flexible Work Arrangement”. By signing the form this shows your employees agree to the flexible work arrangement.
Comply with data privacy laws by getting a potential/current employee's consent to process his/her personal data.
A person whose personal information is collected, stored and processed is called a data subject. Individuals and businesses who deal with personal information are required to observe and respect a person’s data privacy rights. The Philippine National Privacy Commission, which administers the Philippines’ “Data Privacy Act of 2012” (“DPA”), explained that an individual’s personal data is treated in the same way as his/her own personal property. Personal data should never be collected, processed and stored without his/her explicit consent.
Businesses can get this consent through a Data Privacy Consent Form. Under the DPA, consent is one of the acceptable ways to lawfully process personal data. Consent is defined as “any freely given, specific, informed indication of will, whereby the data subject agrees to the collection and processing of his or her personal, sensitive or privileged information.”
Protect confidential business information and trade secrets by prohibiting your employee from disclosing them to persons outside the business
An Employee Non-Disclosure Agreement (“NDA”) facilitates the sharing of confidential business information and trade secrets between the employer and employee. Under the NDA the employer shares confidential information to the employee and the employee keeps the said information confidential and promises not to disclose the same.
An NDA helps the business because it allows the employer to freely share confidential business information with employees as necessary for them to perform their job. Simultaneously, the employer can expect the employees to keep such information confidential and to not disclose the same under threat of legal action.
An NDA contains basic terms such as (1) what is defined as confidential information; (2) what is excluded from the definition of confidential information; and (3) under what circumstances the confidential information may be disclosed. With Legal Tree you can create an NDA with only the most basic terms or you can make it as detailed and complex as needed for your business.
Have an employee waive his employment claims against the employer
An Employee Quitclaim is a document where an employee waives his / her employment claims against the employer. The employee executes this when the employer and employee agree to settle a dispute, or in order to avoid potential disputes (which can be costly and lengthy).
Dismiss your employee because of closure of the business (for business reasons and not due to serious business losses)
Employees in the Philippines enjoy security of tenure which means that an employee can be dismissed only: (a) for causes provided by law; and (b) after due process is observed.
Employers can dismiss an employee based only on just and authorized causes. Just causes are based on acts attributable to an employee’s own wrongful actions or negligence (i.e. insubordination, habitual tardiness). Authorized causes refer to lawful grounds for termination which do not arise from the employee’s fault or negligence (i.e. closure of the business, retrenchment to prevent losses).
On the other hand, due process refers to the employee’s right to be informed of the reason for his dismissal and, in case of just cases, an opportunity to defend himself.
An Employee Termination Letter helps satisfy both of the above requirements by informing the employee that his employment is being terminated and the reason for the same.
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