termination

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 […]

Procedural due process is also required for termination of employees with limited security of tenure. While security of tenure is not exclusive to regular employees, the other forms of employment are accorded limited scope. Project employees, generally, cannot be dismissed, prior to the completion of the project or a phase thereof. Fixed- term employee cannot […]

Insubordination is another ground for dismissal under Article 297 of the Labor Code, as amended. This is also referred to as willful disobedience of lawful orders of the employer or his representatives. A common situation involving this ground is when a superior gives an order to a subordinate but the latter refuses to comply. However, […]

Serious misconduct as ground for dismissal is provided under Article 297 of the Labor Code, as amended. The misconduct referred to must be serious in nature. The Supreme Court defines misconduct as follows: “Misconduct is improper or wrong conduct. It is the transgression of some established and definite rule of action, a forbidden act, a […]