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Procedure and Sanction

Before terminating the services of an employee, what procedure should the employer observe? What are the components of procedural due process? What is the sanction if the employer failed to observe procedural due process in cases of legal and authorized termination?

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Elle Alorra Rubenfield
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59 views1 page

Procedure and Sanction

Before terminating the services of an employee, what procedure should the employer observe? What are the components of procedural due process? What is the sanction if the employer failed to observe procedural due process in cases of legal and authorized termination?

Uploaded by

Elle Alorra Rubenfield
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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4.

Before terminating the services of an employee, what procedure should the


employer observe?

An employer shall observe procedural due process before terminating one’s


employment.

5. What are the components of procedural due process?

A. In a termination for just cause, due process involves the two-notice rule:

a) A notice of intent to dismiss specifying the ground for termination, and giving said
employee reasonable opportunity within which to explain his or her side;

b) A hearing or conference where the employee is given opportunity to respond to the
charge, present evidence or rebut the evidence presented against him or her;

c) A notice of dismissal indicating that upon due consideration of all the circumstances,
grounds have been established to justify termination.

B. In a termination for an authorized cause, due process means a written notice of


dismissal to the employee specifying the grounds at least 30 days before the date of
termination. A copy of the notice shall also be furnished the Regional Office of the
Department of Labor and Employment (DOLE) where the employer is located.

6. What is the sanction if the employer failed to observe procedural due process
in cases of legal and authorized termination?

In cases of termination for just causes, the employee is entitled to payment of indemnity
or nominal damages in a sum of not more than 30,000 pesos (Agabon vs. NLRC, 442
SCRA 573); in case of termination for authorized causes, 50,000 pesos (Jaka Food
Processing vs. Darwin Pacot, 454 SCRA 119).

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