procedural due process

A particular department under the SMC group of companies was closed allegedly due to serious business reverses. The Supreme Court (SC) concluded that this constitutes retrenchment by, and not closure of, the enterprise or the company itself as SMC has not totally ceased operations but is still very much an on-going and highly viable business […]

Due process under the Labor Code involves two aspects: first, substantive––the valid and authorized causes of termination of employment under the Labor Code; and second, procedural––the manner of dismissal. (King of Kings Transport, Inc. vs. Mamac, G.R. No. 166208, June 29, 2007.) Art. 277 [now Art. 294] of the Labor Code provides the manner of […]

Notice to explain (NTE) is one of the written documents referred to in the two-notice rule by court decisions. In the case of Distribution & Control Products, Inc. vs. Santos, G.R. No. 212616, July 10, 2017 the Supreme Court (SC) held that the settled rule is that in termination proceedings of employees, procedural due process […]

Procedural due process is one of the requirements in employee dismissal. This simply involves the two-notice rule and the twin requirements. The two-notice rule refers to the two notices required in employee dismissal. These are the first notice or Notice to Explain / NTE or Show Cause, etc., and the Notice of Dismissal, Notice of […]

The Philippine labor laws traditionally require the service of notice to employees to be in writing. A written document is the best possible way to prove performance of legal duties by the employer in such case. Especially in the case of employee dismissal, the law strictly requires adherence to the notice requirements and imposes indemnity […]

Sample templates are provided, with discussion of the rules to guide employers, HR Managers, and business owners of the right procedure in terminating employees who committed dismissible offense against the company. “Dismissible offense” means violation of company rules where the penalty is dismissal from service. Under the law and rules, this requires observance of procedural […]

Hearing or conference is mandatory if the employee requests for it in writing or when so provided in the company policy based on the ruling of the Supreme Court (SC) in the case of Perez vs. PT&T (G.R. No. 152048, April 7, 2009). Although the law and jurisprudence have been very emphatic in mandating the […]

After serving the first 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. During […]

A Notice to Explain (NTE) is required to be sent to the employee as part of the two-notice rule. This is an important component of employee dismissal as mandated by law. Basically, an NTE apprises the employee about the offense being charged. In case of termination, the notices shall be served on the employee’s last […]

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 […]