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Conference Wherein The Employees Will Be Given The Opportunity To: (1) Explain and Clarify Their

(1) The document outlines 3 guidelines for complying with procedural due process in terminating an employee. The first notice must contain specific causes for termination and allow at least 5 days for the employee to respond. It must provide detailed facts rather than general descriptions. (2) A hearing must be scheduled to allow the employee to explain their defense, present evidence, and rebut evidence against them, possibly with a representative. (3) After determining termination is justified, a written notice must be sent indicating all circumstances were considered and grounds established for severance. In this case, the employee was dismissed without following these procedures.

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82 views1 page

Conference Wherein The Employees Will Be Given The Opportunity To: (1) Explain and Clarify Their

(1) The document outlines 3 guidelines for complying with procedural due process in terminating an employee. The first notice must contain specific causes for termination and allow at least 5 days for the employee to respond. It must provide detailed facts rather than general descriptions. (2) A hearing must be scheduled to allow the employee to explain their defense, present evidence, and rebut evidence against them, possibly with a representative. (3) After determining termination is justified, a written notice must be sent indicating all circumstances were considered and grounds established for severance. In this case, the employee was dismissed without following these procedures.

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111111
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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In Unilever Philippines, Inc. v.

Rivera,  this Court laid down the guidelines on how to comply with
32

procedural due process in terminating an employee, to wit:

(1) The first written notice to be served on the employees should contain the specific causes or
grounds for termination against them, and a directive that the employees are given the opportunity to
submit their written explanation within a reasonable period. "Reasonable opportunity" under the
Omnibus Rules means every kind of assistance that management must accord to the employees to
enable them to prepare adequately for their defense. This should be construed as a period of at
least five (5) calendar days from receipt of the notice to give the employees an opportunity to study
the accusation against them, consult a union official or lawyer, gather data and evidence, and decide
on the defenses they will raise against the complaint. Moreover, in order to enable the employees to
intelligently prepare their explanation and defenses, the notice should contain a detailed narration of
the facts and circumstances that will serve as basis for the charge against the employees. A general
description of the charge will not suffice. Lastly, the notice should specifically mention which
company rules, if any, are violated and/or which among the grounds under Art. 282 is being charged
against the employees.

(2) 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 the hearing or conference, the
employees are given the chance to defend themselves personally, with the assistance of a
representative or counsel of their choice. Moreover, this conference or hearing could be used by the
parties as an opportunity to come to an amicable settlement.

(3) After determining that termination of employment is justified, the employers shall serve the
employees a written notice of termination indicating that: (1) all circumstances involving the
charge against the employees have been considered; and (2) grounds have been established to
justify the severance of their employment. 33

In the instant case, the LA, the NLRC and the CA again uniformly ruled that respondent was
dismissed sans procedural due process. The only notice given by petitioners to respondent was the
notice of his 30-day preventive suspension and, as found by the LA, nothing therein indicated that he
was required nor was given the opportunity to explain his side, considering that he was being
implicated in the theft of the subject circuit breakers and other electrical products. It is true that
petitioners conducted their own investigation but the same was made without the participation of
respondent.

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