Standards of Due Process
(lifted from Labor Code, Atty. Cesar Asuzena)
The implementing Rules of Book V (Labor Relations) prescribe the standards of
due process varying accordance to the cause of the termination.
In all cases of termination of employment, the following standards of due
processes shall be substantially observed:
I.
For termination of employment based on just causes as defined in Article 282 of
the Code;
(a)
A written notice served on the employee specifying the ground or grounds for
termination, and giving the said employee reasonable opportunity of no less
than 5 days within which to explain his side;
(b)
A hearing or conference during which the employee concerned, with the assistance
of counsel if the employee so desires, is given opportunity to respond to the
charge, present his evidence or rebut the evidence presented against him; and
(c)
A written notice of termination served on the employee indicating that upon due
consideration of all the circumstances, grounds have been established to justify
his termination.
In the case of termination, the foregoing notices shall be served on employee’s
last known address.
II.
For termination of employment based on authorized causes defined in Article 283
of the Code, the requirements of due process shall be deemed complied within
upon service of a written notice to the employee and the appropriate Regional
Office f the Department at least thirty days before the effectivity of the
termination, specifying the ground or grounds for termination
III.
If the termination is brought about by the completion of the contract or phase
thereof, no prior notice is required. If the termination is brought about by the
failure of an employee to meet the standards of the employer in the case of
probationary employment, it shall be sufficient that a written notice is served
the employee within a reasonable time from the effective date of termination.