Practitioners in the field of labor or Human Resources (HR), as well as managers and executive officers of companies, are aware that an employee may only be dismissed for cause. Disciplinary actions, including dismissal from work, must comply with both substantive and procedural due process. Substantive due process requires a valid cause for the dismissal. For procedural due process, outlined below, an interesting question is this: is there a minimum period that must be given to the employee to answer the show-cause notice?
We recently received a query as to how many days should be given to the employee to answer the show-cause notice. We find this query “interesting” because there is no provision in the Labor Code, or its Implementing Rules and Regulations, which spells out a specific period. What’s more interesting, however, is that the Supreme Court has construed this period to mean five (5) days from receipt of the show cause notice. [See updated discussion on Procedural Due Process in Employment Termination Cases]
The procedural requirements, as summarized by the Supreme Court, are:
(A) 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.
(B) 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.
(C) 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.
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I would like to seek advise, if breach of code of integrity and confidentiality is just only subject for the written reprimand? She disclosed information to other employees without my consent regarding my Medical Certificate and it is being questioned there by my immediate superior during the meeting and I want to ask if I have the right to ask for a copy of the Written Reprimand issued by my manager to make sure that it has been issued by the HR to my immediate superior.
Hi,
I would like to consult regarding a case for termination.
I am working as a probationary employee and has sent my resignation last September 13, 2017 due to personal reason and it was agreed by my HR manager. After 1 week of resignation the HR manager has given me a Disciplinary Action regarding my late on the month of August and September which resulted to my termination but still they told me that my last day will be October 13, 2017. Is there a violation about the action of my employer?
Thank you and more power!
Regards,
Brian
Hi there.
I got terminated without due process, what should I do? Can you please help me?
I have a valid Medical Certificate and it was validated by the clinic.
Looking for your response. Thanks.
Good day,
Last October 5 Nagutos ako s Philcare (Maintenance/Janitress) para mgbayad ng penalty namen s BIR s Banko. Kaso hindi nabayaran dahil may mga question n hindi masagot. Nung time n yun lutang ako dahil ung anak ko may saket, ngpaalam pa nga ako ng half day dahil need ipacheck up and later her pedia advice me to confine my baby. Pero dahil nga sa ngyari pagpasok ko s office, naiisuehan aq ng memo na non performance of duty and its ground for termination at sinabi pa ng executive director namen n ngdecision n ang board n iterminate ako.
Ask q lang tama b ang ginawa ng employer ko o pede aq mgfile s DOLE ng illegal dismissal?
Thanks s sasagot
Hello sir,
We were terminated in our jobs, me as csa/teller and branch Biller, and the two plumbers. Kasi po nag coconnect po mga tubero namin ng new connection.minsan po eh gumagawa sila ng after the meter which is bawal po during office hours. Ngaun po nahihiya po maningil ung mga tubero kaya po nakikiusap po sila na idagdag ko sa first page ng official receipt ng customer ung babayaran ni customer tapos po ung second page nya or ung duplicate copy po ng official reciept ang nakadeclare po dun ay ung talaga po na babayaran ni customer sa company. Ang nakalagay po sa ibinigay na disiplinary action is Termination. although binigyan naman po ako ng memo regarding dun. pero ung dalawang tubero po ay walang nareceived na memo. letter of termination po agad.
Makatarungan po ba ito lahat. eh wala naman po cutomer na nagreklamo.Bali po ung guard lang naman po dito sa company ang nagsumbong at kinuha nya lang po sa customer ung mga resibo para po may ebidensya sya.
Hi. I just want to ask if there’s any case that can file to the company because they’re accusing an agent about fraudulent activities that they didn’t do?
Please answer thanks
Hi i am former operation management former Branch manager in motorcycle company our hr send a show cause memo dated nov. 18 giving me five days to send a written reply but show cause is dated nov 20, 2017 8:30 am also attach in show cause clause of insubordination if you dont attend so i dont have choice no atty at law ofc on sat and sunday, monday i appear in hr ofc i admitted that i did not yet declair the amount purchased in spareparts becaused the buyer is not yet paid in full thats one of reason, nov 24, 2017 i was informed to prepare my report of buss analysis for the pres. and vp acctg mngr, hr mngr and audit mngr, nov 27. 2017 before my report will end the hr and audit mngr deliberately keep arising my audit findings in the middle of my report after my report our VP told me that im in a indifinite suspension and i also acknowledge the said accusations is true i did not yet charge it in our charge slip but i did not steal or use it personally i spend it in comany needs and reimburse and use it again for other needs of operation, right now i dont have capacity to provide the needs of my family because of my suspention, they hold my salary on dec 5, 2017 and my 13th month which was given on dec 15, 2017 one of my staff told me that my name was not on the due of pending case i was really pissed of they step on my rights i start as one of the lower employee of the company i sacrifices 4 years in this company and got promoted due of dedications even i am under wages or compensated mostly or our high rank official came from outside motors industry i dont have any savings, my savings is my cash bond and they also still did not returned it to all employee even the DOLE already issue an order to this can you please give some legal advise
Dear sir
I need to seek advice po last October 2, 2017 I received a showcause memo from the dean’s office and stating some students complain about me, they gave me 5 days to answer the letter and I already response before the said minimum deadline and submitted my cause of action. After that according to our HR they will schedule a hearing but until now almost 2 months of waiting according to them they will reschedule it by next year without any specific date when it will be the hearing proper. I received another letter from our HR last December 11, 2017 stating they will move or rather reschedule the hearing next year without any date mention according to them because they will be many occasion this month of December and they are busy that is the reason why they will move it into next year. My question is this why does our HR keep on delaying the date or day of the hearing even if they send another letter but is this fare enough on my part wherein I already explain and answer the complain letter. I need to find the current answer to this situation because it take almost 2-3 months . Thank you very much…
Sir is true na hnd na po pwede ang template sa memo?
Hi,
I would like to ask, is it possible to terminate a security guard due to refusal of re assigning with new working location. The Supervisor inform the security officer only one day before the turn over and over the phone. no proper or written notice was serve. The security officer refuse to be relocated due to lock of preparation and family matter.
Thanks,
Mae