TERMINATION Twin Notice Rule
TWIN NOTICE RULE Just causes (Art 282, LC) Authorized Causes (Art 283, LC) Health Reasons (Art 284, LC)
Q: What is the purpose of the 2 notices served to the Ee and DOLE 1 month prior to termination?
A:
1. To give the Ees some time to prepare for the eventual loss of their jobs and their corresponding income, look for other employment and ease the impact of the loss of their jobs.
2. To give DOLE the opportunity to ascertain the verity of the alleged cause of termination. (Phil. Telegraph & Telephone Corp. v. NLRC, G.R. No. 147002, April 15, 2005)
Note: Notice to both the Ees concerned and the DOLE are mandatory and must be written and given at least 1 month before the intended date of retrenchment – and the fact that the Ees were already on temporary lay‐off at the time notice should have been given to them is not an excuse to forego the 1‐month written notice. (Sebuguero v. NLRC, G.R. No.115394, Sep. 27, 1995)
Q: What are the 2‐fold requirements of a valid dismissal for a just cause (Art 282, LC)?
A:
1.Substantive – it must be for a just cause ,
2.Procedural – there must be notice and hearing
Q: What is the process to be observed by the employer (Er) for termination of the employment based on any of the just causes for termination? Art. 277b
A:
1. A written notice should be served to the Ee specifying the ground/s for termination and giving the said Ee reasonable opportunity to explain (usually within 5 calendar days from receipt of notice).
Note: This first written notice must apprise the Ee that his termination is being considered due to the acts stated in the notice. (Phil. Pizza Inc. v. Bungabong, G.R. No. 154315, May 9, 2005)
2.A hearing or conference should be held during which the Ee concerned, with the assistance of counsel, if the Ee so desires, is given the opportunity to respond to the charge, present his evidence and rebut the evidence presented against him.
Required only in JUST CAUSE, not in authorized cause
If ee chose NOT to be heard,
Q: What is the purpose of the 2 notices served to the Ee and DOLE 1 month prior to termination?
A:
1. To give the Ees some time to prepare for the eventual loss of their jobs and their corresponding income, look for other employment and ease the impact of the loss of their jobs.
2. To give DOLE the opportunity to ascertain the verity of the alleged cause of termination. (Phil. Telegraph & Telephone Corp. v. NLRC, G.R. No. 147002, April 15, 2005)
Note: Notice to both the Ees concerned and the DOLE are mandatory and must be written and given at least 1 month before the intended date of retrenchment – and the fact that the Ees were already on temporary lay‐off at the time notice should have been given to them is not an excuse to forego the 1‐month written notice. (Sebuguero v. NLRC, G.R. No.115394, Sep. 27, 1995)
Q: What are the 2‐fold requirements of a valid dismissal for a just cause (Art 282, LC)?
A:
1.Substantive – it must be for a just cause ,
2.Procedural – there must be notice and hearing
Q: What is the process to be observed by the employer (Er) for termination of the employment based on any of the just causes for termination? Art. 277b
A:
1. A written notice should be served to the Ee specifying the ground/s for termination and giving the said Ee reasonable opportunity to explain (usually within 5 calendar days from receipt of notice).
Note: This first written notice must apprise the Ee that his termination is being considered due to the acts stated in the notice. (Phil. Pizza Inc. v. Bungabong, G.R. No. 154315, May 9, 2005)
2.A hearing or conference should be held during which the Ee concerned, with the assistance of counsel, if the Ee so desires, is given the opportunity to respond to the charge, present his evidence and rebut the evidence presented against him.
Required only in JUST CAUSE, not in authorized cause
If ee chose NOT to be heard,