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Here Is A Simplified List of Just Causes For Termination Under The Labor Code of The Philippines
Here Is A Simplified List of Just Causes For Termination Under The Labor Code of The Philippines
even just one of these requirements are absent, then there is improper termination
of the employee under the law. When there is improper termination or illegal
dismissal, the employee would be entitled to back wages, damages and even
reinstatement. These could cost a lot for the company hence these 2 requirements
of law must be followed strictly.
1. First, the employee must be given a Notice of Appraisal if the ground for
his termination is among those just and authorized causes. Such notice
should contain a detailed description, outlining circumstances, dates and
reasons, which will serve as the basis for the charge against the employee.
This must be served on the employee at least 5 days before the Hearing or
Notice of Termination, so that he is given a reasonable amount of time to
prepare his defenses.
2. Second, a Hearing may also be conducted where the employee is given the
chance to present evidence and respond to the charge against him. He may
also enlist the help of a lawyer if he wants. It must be noted however, that a
hearing is no longer necessary if the employee admits responsibility for the
alleged misconduct.
3. Third and last, a formal notice is served on the employee which states the
decision of the company. This is called the Notice of Termination. This
finding states that even after considering all of the circumstances, the
grounds are still enough to justify the termination of the employee.