Published — June 1, 2022
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
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.
In connection with serving the twin notice, you may also read: Serious Misconduct & Gross Negligence: Contradicting Grounds for Dismissal
The concept of Twin Notice Rule has something to do with Labor Laws, particularly in Illegal Dismissal cases. Twin Notice Rule must be adhered to by the business enterprises or employers when terminating an employee. Otherwise, they would be liable according to law. The case of Distribution and Control Products, Inc. Vincent M. Tiamsic vs. Jeffrey E. Santos, G.R. No. 212616, July 10, 2017, discussed thoroughly the concept of Twin Notice Rule.
The first written notice refers to that which must be served on the employee or employees concerned. It should contain what company rules were violated if any, and the specific causes or grounds for termination against them. The grounds for termination should be any or all of those provided under Article 282 (now Article 297) of the Labor Code which are the following:
a. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;
b. Gross and habitual neglect by the employee of his duties;
c. Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representatives;
d. Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representative; and
e. Other similar causes.
The first written notice must contain 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.
After serving the first written 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.
In case there is a determination that termination of employment is justified, the employer concerned shall serve the employees a second written notice. The second written notice is now called the “Notice of Termination” which should indicate that the circumstances involving the charge against the employees have been considered and that the grounds have been established to justify the severance of their employment.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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May i inquire what if during the conference the employee still denies the allegations, even the employer presents their hard evidences. The case is involving monetary issues.