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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The employer must furnish the employee with two written notices before the termination of employment can be effected: (1) the first apprises the employee of the particular acts or omissions for which his dismissal is sought; and (2) the second informs the employee of the employer’s decision to dismiss him. (Foodbev International vs. Noli Ferrer, G.R. No. 206795, September 16, 2019)
Due process is important whereas employers must adhere to specific procedures when terminating an employee to ensure fairness and legality. One critical aspect of this process is the issuance of two written notices: the first detailing the reasons for termination and the second informing the employee of the final decision.
Understanding the Two-Notice Rule
Before delving into the contents of the second notice, it’s essential to grasp the concept of the two-notice rule. This rule mandates that employers provide two written notices to an employee before effecting termination. The first notice outlines the specific grounds for termination and grants the employee an opportunity to respond. The second notice serves as the employer’s final decision regarding the termination.
Jurisprudence says:
The first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. “Reasonable opportunity” under the Omnibus Rules means every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense. This should be construed as a period of at least five (5) calendar days from receipt of the notice to give the employees an opportunity to study the accusation against them, consult a union official or lawyer, gather data and evidence, and decide on the defenses they will raise against the complaint. Moreover, in order to enable the employees to intelligently prepare their explanation and defenses, the notice should contain a detailed narration of the facts and circumstances that will serve as basis for the charge against the employees. A general description of the charge will not suffice. Lastly, the notice should specifically mention which company rules, if any, are violated and/or which among the grounds under Art. 282 is being charged against the employees.
After serving the first notice, the employers should schedule and conduct a hearing or conference wherein the employees will be given the opportunity to: (1) explain and clarify their defenses to the charge against them; (2) present evidence in support of their defenses; and (3) rebut the evidence presented against them by the management. During the hearing or conference, the employees are given the chance to defend themselves personally, with the assistance of a representative or counsel of their choice. Moreover, this conference or hearing could be used by the parties as an opportunity to come to an amicable settlement.
After determining that termination of employment is justified, the employers shall serve the employees a written notice of termination indicating that: (1) all circumstances involving the charge against the employees have been considered; and (2) grounds have been established to justify the severance of their employment. (Distribution and Control Products vs. Jeffrey Santos, G.R. No. 212616, July 10, 2017)
Key Components of the Second Written Notice
- Confirmation of Termination Decision: The second notice should unequivocally communicate the employer’s decision to terminate the employee. It should state that termination has been decided upon after due consideration of all circumstances.
- Justification for Termination: The notice should provide a brief summary of the reasons leading to the decision to terminate. This may include reference to the specific violations or misconduct that prompted the termination.
- Grounds for Termination: It is important to specify the legal or company grounds for termination as per applicable laws or regulations. This clarity helps the employee understand the basis for the decision.
- Consideration of Employee’s Defense: The notice should acknowledge any defense or explanation presented by the employee during the process. This demonstrates that the employer considered the employee’s perspective before making the final decision.
Read also:
Due Process in Labor Proceedings
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