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.
On the other hand, there shall be no necessary need to conduct an official
investigation or hearing on occasions where the employee has admitted his guilt
of the offense.
back to Table of Contents