This article will provide employers with clear steps and considerations for dismissal. As long as everything is done in compliance with regulations, employers don't have to worry about employees constantly threatening to sue the Department of Labor.
►►►Warning Letter
A warning letter is a formal written notice from an employer to an employee, usually in response to misconduct, poor job performance, or a violation of company policy. It serves as a written notice documenting the problem and informing the employee of the consequences if the behavior continues. The purpose of a warning letter is to give an employee an opportunity to improve their performance or behavior.
If an employee is regularly late or absent, the employer may consider sending a warning letter to the employee to remind them to correct this behavior. Continuous warning letters can document an employee's poor performance.
►►►Twice Notification
First notification:
This is a written notice to the employee that clearly states the valid reasons for the dismissal. This gives the employee an opportunity to defend himself or herself or with the help of a representative. This is called a Notice to Explain (NTE).
Second notice:
If the employer decides to terminate the employee's services, after giving the employee an opportunity to answer and consider his or her defences, the employer must provide the employee with a written notice of termination indicating that reasonable grounds for the dismissal have been established, taking into account all the circumstances.
Although the labor law does not stipulate a specific time limit for the first notice, it is generally believed that employees should be given a reasonable period of time to respond to the NTE. However, the Department of Labor and Employment recommends a minimum period of five days for employees to respond in some of its releases.
On the other hand, as far as the notice of termination (second notice) is concerned, the employer is required to provide it to the employee, informing him or her of the decision to dismiss and clearly stating the reasons for the dismissal. However, no specific date was set for the effective dismissal after the second notice was given.
Notice
While a warning letter can be part of the overall process leading to termination, it is not the same as the "two notice rule." A warning letter is a warning or disciplinary measure, while the "two notice rule" relates to the termination process itself.
It is recommended to consult directly with FEILONG LEGAL on specific matters to ensure that the dismissal process complies with current Philippine law and practice.
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