management and legal aspects
TRANSCRIPT
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A FEASIBILITY STUDY ON PINOY-FLAVORED PIZZA
MANAGEMENT
AND LEGAL
STUDY
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CHAPTER 4
MANAGEMENT AND LEGAL STUDY`
Management and Organization
TYPE OF OWNERSHIP
Filipizza Company is a partnership type of organization. A partnership is
an organization where two or more persons bind themselves to contribute
money, property, or industry into a common fund with the intention of dividing
profits among themselves (New Civil Code, Article 1767).
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As to Liability and Property
As to liability, Filipizza Company is a General Partnership wherein all
partners are liable up to the extent of their personal property. On the other hand,
as to property, Filipizza is a Universal Partnership of Property wherein all
partners contribute all their properties into a common fund.
Partners Roles
1. The partners are co-owners of the partnership property. It means that
when a partner invests his land or building, this ceases to be his personal
property, instead it becomes joint property of all partners.
2. The partners have unlimited liability. The partners become individually
liable for all partnership debts in the event that the partnership assets are
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not sufficient to cover up its liabilities. This means that the partnership
creditors can attach or seize personal properties of the partners if their
claims cannot be fully satisfied by the partnership assets.
3. The partnership is bound by the acts of any of the partners since they are
considered agents of the partnership for the purpose of carrying activities.
ORGANIZATIONAL CHART
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GENERALMANAGERS (2)
Production
Heads (2)
Kitchen
Cooks (2)
Cashiers (2)Service Crews (2)
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SHAPE \* MERGEFORMAT
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OFFICERS AND KEY PERSONNEL
It is very vital in all business organization to know their manpower
requirements to operate systematically and effectively at all times. It will help also
to determine the capacity or capabilities of the employees to fit in the flow of
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Exhibit 28: ORGANIZATIONAL CHART
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business as well as to have a clear duties and responsibilities. Having standard
qualifications in hiring and selecting, the employee will establish efficient
business operations.
POSITION JOB DESCRIPTION JOB SPECIFICATION
General Manager
(2)
- Responsible for the
overall supervision and
monitoring of all
subordinates- Responsible for the
administration of all
management functions
planning, organizing,
controlling and directing
- Handles the
implementation of
policies, rules and
regulations allthroughout the
organization
- Responsible for the
overall ongoing
production operations
- College graduate of 4-
year Management
Degree
- At least years ofworking experience in
food chains
- With pleasing
personality
- Qualified college
graduate, male or female
- Very good in decision-
making and good in
handling people
- Good communicative
skills
Production
Heads (2)
- Serve as lead cook in the
kitchen
- Perform various jobduties that will include
cooking, baking of pizza
and other duties in
accordance with kitchen
needs.
- Work requires effective
communication in
English, both verbal andwritten form in a
professional manner.
- Work requires a minimum
of 3 years of experience
as a cook.
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- Perform preliminary
preparation work in a
timely manner.- Ensures ingredient
supply levels are
accurate.
- Work requires ability to
work from a standing
position for extendedperiods of time.
- Work requires a neat
appearance with good
personal hygiene.
Cook (2)
- Prepare and cook
pizza orders following
specific cooking
instructions
- Maintain sanitation,
health, and safety
standards in work areas
- Clean food
preparation areas,
cooking surfaces and
utensils
- Verify that preparedfood meets requirements
for quality and quantity
- Must be a graduate of
a 2-year course in Hotel
and Restaurant
Management Services or
a 4-year course Hotel
and Restaurant
Management
- With a minimum six
months of experience on
catering services or
restaurant services
- Can work under
minimal supervision
Service Crews
(2)
- Prepare food, clean and
complete other tasks as
assigned
- Responsible for taking oforders, seating
customers, washing
dishes, bussing tables
and delivering food to
hungry customers
- College
undergraduate or a fresh
graduate of any 2-year or
4-year course- Must have a
background on hospitality
management
- Must have cooking
abilities
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- Can work under
minimal supervision
Cashiers (2)
- Greet customers politely
at all times
- Ensures good customer
relations by giving
friendly service to them
- Handles money/sales
properly
- Eliminate loss of the
store by accuratelyreceiving payment and
giving of charge
- Must be a graduate of
any 4-year course under
hospitality management
courses or business
management courses
- Must handle transactions
smoothly
- Honest and reliable
- Can work under minimalsupervision
Table 52: OFFICERS AND KEY PERSONNEL JOB DESCRIPTIONS
AND SPECIFICATIONS
EMPLOYMENT PROCESS
1. Applicants will be passing an application form or resume with 2x2 colored
photo to the General Manager.
2. The general manager will analyze the contents of the resume and will call
the applicant for the initial examination if interpreted to be satisfactory.
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3. The manager will provide an initial exam which contains basic and
abstract questions.
4. If the applicant passed the initial exam, he will be provided a reviewer
containing the menu ofFilipizza as well as their corresponding descriptions.
5. The applicant will be asked to return after three days for three final exam
based on the reviewer provided.
6. If the applicant passed the final exam, he will be immediately interviewed
for final screening.
7. After the final interview, if passed, will be given the list of requirements to
be complied for a specific period of time.
8. After compliance of all the requirements, the applicant will be scheduled
for orientation together with the other applicants.
9. After the applicants are oriented, they will be trained for one week
regarding the operations of the business applying the basic principles of the
company.
Employment
It is the companys policy to select applicants based on the followingfactors:
Mental aptitude
Social skills
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Physical fitness
Strength and weaknesses
Experience
As such only applicants who passed the qualifying examinations, series of
interviews, medical examinations and background investigations shall be
considered for employment.
Employment Requirements
pieces 2x2 pictures
pieces 1x1 pictures
NSO Authenticated BirthCertificate
NBI and Police Clearance
SSS Number
TIN Number
Drug test
Medical examination
Barangay Clearance
Working Permit
Health card
CLASSIFICATION OF EMPLOYEES
According to Rank
Managerial Employee One who is vested with powers or prerogatives to lay
down and execute management policies and/or hire, transfer, suspend,
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lay off, recall, discharge, assign or discipline employees.
Supervisory Employees One, who, in the interest of the employer,
effectively recommends such managerial actions if the exercise of such
authority is not merely routinely or clerical in nature but requires the useof
independent judgment.
Rank-and-file employee all other employees not falling within any of the
above definitions.
According to Status
Contractual or Seasonal An employee is hired for a specified period of time
under an agreement prior to or at the time of employment.
Probationary an employee is hired on a probationary basis for a period not
to exceed six (6) months.
An employee is hired on a regular status upon satisfactory completion of
the probationary period and upon satisfaction of the criteria necessary for
appointment as regular status.
The company reserves the right to amend the above classification or
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create sub - classifications as the circumstances of the business may require.
Orientation
All newly hired employees regardless of classification of rank and status
must undergo on orientation and indoctrination as to the Companys vision,
mission, policies, rules and regulations, duties and responsibilities and menu
familiarization
Personnel Records
It is the responsibility of the company to update and maintain personnel
records. It should contain the following document and records:
Resume with 2x2 colored photo
Test results
Interview impressions
Mayors permit and health certificate (to be renewed every calendar year)
Transcript of records
TIN,SSS,PHIC,HDMF numbers
Employment Contracts
Performance Evaluation forms
Certificate of trainings attended
Leave and violation records
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If there are changes in an employers personal data such as residence
address, civil status, dependents, etc, a report should be made for updating
purposes. Withholding information and failure to report will result in willful breach
of trust wherein continuance of service will be questioned.
Contracts of Employment
All employees shall duly sign, execute and deliver the corresponding
Contract of Employment. All employees shall thereafter be issued a company
identification card, which must be worn at all times during working hours.
CODE OF ETHICS
Hygiene and Sanitation
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All employees must observe must observe the highest standard of
hygiene and sanitation. Employees must be well-groomed and continue with their
work, wearing clean and proper attire. For this purpose, the term well-groomed
shall mean proper haircut, cut fingernails, use deodorant, and clean and regularly
washed hands. For this purpose, the term clean and proper attire shall likewise
include newly-washed and properly-ironed attire, no excessive dirt on clothes
and shoes, and proper and complete company uniform worn properly.
Arrival and Departure of Employees
All employees regardless of status and rank, must submit all personal
belongings for inspection upon entering the company premises. Inspection will
include a tickler which shall list all contents of his bag, down to the smallest
detail.
All personal belongings are restricted within the locker area while the
employee s on-duty. It is strictly prohibited to bring in any personal belongings
based on the tickler as well as body frisking. If found questionable items in his
possession, this shall be reported to the manager on-duty immediately for proper
action.
Procedure for Notices/Bulletin Boards
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Management shall post all notices, announcements and memoranda of
general application on the bulletin board. Ignorance is not an excuse and it is
incumbent on each employee to regularly check the bulletin boards for new
notices, announcements or memoranda. No employee is allowed to post or
remove any document on the bulletin board without the prior permission from the
management.
Notice of Disciplinary Action
In accordance with the due process requirements of the Labor code, as
amended, all employees found or reported to have committed a violation of the
company rules and regulations shall be given a written notice to explain, and
shall be given the opportunity to explain why no disciplinary action should be
imposed against him. Thereafter, any disciplinary action to be imposed by the
management shall again be indicated in writing and duly furnished to the affected
employee.
Code of Conduct
Without in any limiting the prerogative of the company to amend, modify,
revoke, or add to the ff. List of offenses, the following acts and mere attempts to
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commit such acts, even if unsuccessful, shall warrant the corresponding
disciplinary actions.
Kinds of Penalties
Employees are subject to penalties according to their violations made
during their employment.
Written Report of Warning (WR)
It is the notice calling all the attention to the offense and warning the
offenses against repetition of such violation in the future.
Suspension (3D/6D/9D)
If a worker has committed offense for the second or third time, he is
subject to suspension. He will be detached from the organization with the
designated period of time without payment.
Termination (TR)
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Termination will be given to employees who have committed a major
offense. The employee will be dishonorably separated from the organization.
Offenses WR 3D 6D 9D TR
* Tardiness 1st 2nd 3rd 4th 5th
* Absence without leave 1st 2nd 3rd 4th 5th
* Loitering or unauthorized leaving of post 1st 2nd 3rd 4th 5th
* Extending break period 1st 2nd 3rd 4th 5th
* Unauthorized use of company time for 1st 2nd 3rd 4th 5thpersonal pursuit
* Insubordinate or disobedience tosuperior 1st 2nd 3rd
* Negligence or carelessness 1st 2nd 3rd 4th 5th
* Unauthorized use or misuse of company 1st 2nd 3rd 4th 5th
property
* Willful destruction of company properties 1st 2nd
* Discourtesy towards consumers,suppliers, 1st 2nd 3rd 4th
superiors and co-workers
* Using profane language or obscenelanguage 1st 2nd
to superiors
Offenses WR 3D 6D 9D TR
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* Stealing or attempting to steal properties
of the company or of the co-workers 1st
* Failure to comply with company rulesand standards on security & safety andhealth & sanitation
1st 2nd 3rd 4th
*Failure to comply with health, securityand safety requirements of the company 1st 2nd 3rd 4th
*Immortality or scandalous acts1st
Table 53: KINDS OF OFFENSES
COMPANY RULES AND REGULATIONS
Employee Discipline
This handbook on Employee Discipline is intended to promote a
harmonious employment relationship and healthy working environment.
At Filipizza, employment relationship is primarily anchored on
Unparalleled Client Satisfaction, Teamwork, Respect for the Individual,
Developing People, Diversity, Shareowners Trust and Integrity. Guided by these
values, we create an environment that does not only attract but also develops
and rewards highly effective people and be recognized as one of the best
companies to work.
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In resolving conflicts and infractions, Filipizza encourages creativity and
initiative through dialogues, coaching and mentoring. Should all these fail, stiffer
yet commensurate measures may be taken, not so much to punish but to correct
errors and prevent its recurrence, so that the Handbook also becomes an
instrument to enhance work performance.
We encourage all employees to thoroughly study this Handbook and be
familiarized with the expected rules of conduct. Ignorance of the provisions
contained in the Handbook and subsequent related revisions, does not excuse
an employee from its observance and sanction prescribed for violations.
Policy on Attendance and Punctuality
At Filipizza, employee attendance is important to achieving organizational
goals. All employees, regular or otherwise, are required to follow procedures in
taking leaves and notifying absences.
As a food industry, the company heavily relies on complete attendance
and a sufficient workforce to meet its day-to-day business volume requirements.
An unmanned post, as a result of unplanned and unexpected absences and
leaves does not only affect operational synergies but also immediately results to
losses in earnings, revenues and penalties due to the inability to meet business
demands with necessary headcount.
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Unannounced and/or unapproved absences immediately and directly
impact the companys service levels to its clients since an unmanned post results
in lost hours, inability to adhere to line requirements, productivity targets, service
levels. These issues cause the company to suffer substantial losses due to lost
revenues.
Thus, the supervisor is tasked to manage the attendance of his/her
subordinates, specifically through the following activities:
Monitoring his/her subordinates daily attendance (including
tardiness, undertime, overtime, leaves, etc.) The supervisor is
required to conduct a one-on-one coaching session with the
employee who had incurred 2 instances of absences during his
probationary employment.
Recognizing the employees effort to comply with the attendance
and punctuality policy.
Issuing disciplinary action to employees violating the policy on attendance
and punctuality.
Towards this end, this policy on attendance and punctuality aims to
establish the guidelines and monitoring scheme of employees attendance and
punctuality.
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Official Work Hours
A. Employees are required to work eight (8) hours a day, with a one (1)
hour paid meal break, as scheduled on a six-day week basis.
B. Depending on operational demands, the immediate supervisor may
require an employee to work on the 6th day and during his/her rest day.
The employee shall be paid additional compensation for work
performed on these days.
Tardiness
1. An employee is considered tardy when he/she reports for work after the
start of his official work hours or shift schedule. Every two (2) instances or
an accumulation of 30 minutes of reporting late for work whichever comes
first shall constitute one offense of TARDINESS.
2. An employee who is required to work at a given schedule on his/her 6th
working day shall be considered tardy if he/she reports for work after the
start of the official work schedule. Since additional compensation for the
6th working day is based on the actual hours worked, there shall be no
corresponding tardiness deduction during this period. However, the
tardiness shall be subject to disciplinary action.
3. All tardiness offense of an employee shall be cleared one (1) year from
the date of his/her last disciplinary action for tardiness.
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Undertime
An employee is liable for the offense of unauthorized Under-time when he
leaves work before the end of his official work hours or shift schedule, without the
written consent and approval of his/her supervisor.
1. In case of emergency, which requires the employee to leave before the
end of his 8-hour work, he shall secure prior approval from his immediate
supervisor. For purposes of this policy, emergency situations shall refer to
all circumstances that endanger the life and/or property of the employee
and his immediate family. Immediate family shall be limited to spouse,
children, parents and siblings only. Emergency situations involving other
members of the family may be allowed with prior consent and approval of
the supervisor.
2. Under-time shall be deducted from the employees month-end payroll.
Vacation and Sick Leave Notification
VACATION LEAVES
1. The request shall be submitted to the immediate supervisor for prior
approval at least two (2) working weeks before the starting date of the
leave. However, where the vacation leave shall exceed 3 days or
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2. A medical certificate, duly certified and authenticated by the
physician, must be attached to the leave form if sick leave was for two
(2) days or more. The certificate, which must be submitted in 2 days
after the leave, should indicate the illness of the employee and his
fitness to work and/or recovery from such illness, issued by a
competent company physician. Failure to submit medical certificate is
subject to appropriate disciplinary action.
ABSENCE WITHOUT OFFICIAL LEAVE
1. An absence is defined as not reporting for work. Thus, employees who
report for work even during the last hour of their shift cannot be
considered as absent.
2. The following cases are considered AWOL:
- When an employee is absent for any reason and fails to call or
notify his/her supervisor.
- When an employee is absent without justifiable reason or the
absence is not supported by medical documents.
- Any absence not supported by an approved leave application.
- When an employee fails to report for work while on training or
during critical dates, recalled day-offs or vacation leaves,
holidays, weekends and other special days.
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3. All AWOLs are considered as leave without pay, even if the employee
has earned his leave credits.
Attendance during Training and Probationary Employment
Absence is not allowed during training, unless for a valid and excusable
reason. Each case will be investigated in order to determine the validity of the
absence. The management reserves the right to decide the merits of each case.
Disciplinary actions incurred during training shall carry over once the
trainee enters the store. Thus, all similar offenses incurred after training will
escalate to the next level of disciplinary action.
Disciplinary Rules in Sexual Harassment Cases
Filipizza values the dignity of its human resources and guarantees full
respect for the individual, whether employees, trainees, or applicants for
employment;
Filipizza likewise commits to maintain a work environment free from
sexual harassment and all forms of sexual intimidation and exploitation, and it will
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not tolerate harassment of its employees by anyone; including the manager, the
supervisors, the vendors, clients or customers;
Towards this end, the management renounces all forms of sexual
harassment and hereby adopts this policy defining the offense of sexual
harassment and prescribing penalty thereto.
Sexually Harassment may be committed by any of the following:
1. Employees
2. Manager, supervisor or employee
3. Instructor or facilitator.
4. Persons with authority, influence or moral ascendancy over another in
a work, training or education environment.
5. Person directing or inducing another to commit any act of sexual
harassment.
6. Person cooperating in the commission of any act of sexual harassment
by another without which it would not have been committed.
Policy on Drug-free Workplace and Mandatory Random Drug Testing
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Filipizza envisions a drug free community and it renounces all forms of
illegal drug trafficking, abuse, addiction and dependency on a working
environment.
The management commits to safeguard the well being of the employees
from the ill effects of dangerous drugs by pursuing an intensive and unrelenting
campaign against the use of dangerous drugs and other similar substances.
Towards this end, all employees are required to attend anti-drug abuse
programs and undergo random drug tests, in accordance with this Policy.
Implementing Guidance:
A. Definition of Terms
Administer any act of introducing any dangerous drug into the body of
another person, with or without his/her knowledge, by injection,
inhalation, ingestion, or other means, or of committing any act of
indispensable assistance to person in administering a dangerous drug
to himself/herself unless administered by a duly licensed practitioner
for purposes of medication.
Confirmatory Test an analytical test using a device, tool or equipment
with a different chemical or physical principle that is more specific
which will validate and confirm the result of the screening test.
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Dangerous Drugs as enumerated and defined under Republic Act 9165
otherwise known as the Dangerous Drugs Act.
Drug Dependence as based on the World Health Organization definition,
it is a cluster of physiological, behavioural and cognitive phenomena of
variable intensity, in which the use of psychoactive drug takes on a
high priority thereby involving, among others, a strong desire or a
sense of compulsion to take the substance and the difficulties in
controlling substance-taking behavior in terms of its onset, termination,
or levels of use.
Trafficking the illegal cultivation, culture, delivery, administration,
dispensation, manufacture, sale, trading, transportation, distribution,
importation, exportation and possession of any dangerous drug and/or
controlled precursor and essential chemical.
Instrument anything that is used in or intended to be used in any manner
in the commission of illegal drug trafficking or related offenses.
Random Drug Testing
1. All employees are required to undergo a random drug testing for purpose
of reducing the risk in the workplace.
2. Drug testing shall consist of both the screening test and the confirmatory
test. The latter to be carried should the screening test turn positive. The
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employee concerned must be informed of the test results whether positive
or negative.
3. A drug test is valid for one year, however, additional drug testing may be
required for just causes as in any of the following cases:
a) After workplace-related accidents
b) Following treatment and rehabilitation to establish fitness for
returning to work/resumption of job
c) In light of clinical findings and/or upon recommendation of the
Assessment Committee.
4. All cost of drug testing shall be borne by the company.
STORE UNIFORM
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Figure 33: STORE UNIFORMS (FOR MALES
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The uniforms will be worn during store hours. The uniforms for employees
costs P600.00 will be deducted from their own salaries.
SALARIES, WAGES AND OTHER BENEFITS
Salaries and Wages
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All employees shall receive their respective salaries or wages as
provided in their Contracts of Employment every last Saturday of the
month.
Paid Meal Period
A one (1) hour break for lunch meal will be provided for every
employee with pay.
SSS, Pag-Ibig and PhilHealth Benefits
Employee benefits from contributions for SSS, Pag-ibig and
PhilHealth shall be granted to employees in accordance with applicable
laws. Implementation of procedures relative to the said benefits should be
done in accordance with the regulations to be promulgated by the
management.
Accident Insurance
Regular employees are enrolled by the company under a reputable
Insurance Firm. Any accident, work-related or not shall be incurred shall
be compensated by this insurance. This plan shall be on employee-
employer participating basis.
Certificates and Awards
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There will also be certificates and awards that will be provided by
our company in order to recognize employees who are performing well.
These awards include The Crew of the Month Award, Most Punctual
Employee, Model Employee of the Year and the likes.
WORK SCHEDULING
Table 54: WORK SCHEDULING
Employees MON TUES WED THUR
S
FRI SAT SUN
Gen. Manager OP-CL OP-CL OP-CL OP-CL OP-CL OP-CL RD
Cashier 1 RD OP-CL CL OP CL OP CL
Cashier 2 OP-CL RD OP CL OP CL OP
Service crew 1 RD OP-CL OP CL OP CL OP
Service crew 2 OP-CL RD CL OP CL OP CL
ProductionHead 1
OP CL RD OP-CL CL OP CL
ProductionHead 2
CL OP OP-CL RD OP CL OP
Cook 1 CL OP RD OP-CL OP CL OP
Cook 2 OP CL OP-CL RD CL OP CL
TOTAL 8 8 9 9 11 11 10
Store Hours: 9:00am to 9:00pm
Hours of Operation: 12 hours ofoperation
10 Employees are needed indaily operation
Legend:
RD = Rest Day
OP = Opening (10am 3pm)
CL = Closing (3pm 10pm)
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Legal and Taxation Aspects
PLACE OF
REGISTRATIONLEGAL DOCUMENTS
City or Municipal
Mayors Office
Business Permit
Barangay Business Clearance
Lease Contract
Location Clearance
Fire Clearance
Sanitary/Plumbing Permit
Bureau of Internal
Revenue
2316 Form
1702 Form
1903 Form
1907 Form
Social Security System
R-5 Form
R-1 Form
R-1A Form
Department of Trade and
Industry
Application for Partnership
Articles of Co-Partnership
Registration Data Sheet
Table 55: LEGAL REQUIREMENTS