Twin Requirements of Notice and Hearing

Twin requirements, as a concept, in illegal dismissal cases, refers to the procedural due process of employee dismissal.

The twin requirements of notice and hearing constitute the essential elements of procedural due process, and neither of these elements can be eliminated without running afoul of the constitutional guarantee. In dismissing employees, the employer must furnish them the two written notices.

Read more on notices required in employee dismissal here.

According to C.A. Azucena, the implementing Rules of Book V prescribe the standards of due process, varying according to the cause of the termination.

He said that in all cases of termination of employment, the following standards of due process shall be substantially observed:

For termination of employment based on just causes as defined in Article 282 of the Code:

1. A written notice served on the employee specifying the ground or grounds for termination, and giving to said employee reason- able opportunity within which to explain his side;
2. 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, pre- sent his evidence or rebut the evidence presented against him; and
3. 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 termina tion.

In case of termination, the foregoing notices shall be served on the employee’s last known address.

1. For termination of employment based on authorized causes defined in Article 298 of the Labor Code, the requirements of due process shall be deemed complied with upon service of a written notice to the employee and the appropriate Regional Office of 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 no- tice 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.

Learn how to Validly Terminate Employee in the Philippines with this Tutorial Video of Atty. Elvin

In a long line of cases, the Supreme Court repeatedly emphasized that the requirement of twin notices must be met.

Twin requirements refer to Notice to Explain (NTE), Notice of Dismissal, and an administrative Hearing / Conference. This differs from the two-notice rule which pertains to the NTE and the final Notice of Dismissal.