The Notice Of Termination Of Employment is a crucial document in Philippine employment law that serves as the final step in the formal termination process. It is used when an employer needs to legally end an employment relationship, whether for just causes (such as serious misconduct, willful disobedience, or gross negligence) or authorized causes (such as installation of labor-saving devices, redundancy, or business closure). The document must strictly comply with Philippine Labor Code requirements, including proper citation of legal grounds for termination, adherence to the two-notice rule, and observation of due process. This notice typically follows a previous written notice that informed the employee of the charges or grounds for termination and provided an opportunity to explain their side. The document must include specific details about the termination, final pay computation, benefits, clearance procedures, and effective date of termination.
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1. Letter Header: Company letterhead, date, and reference number of the notice
2. Employee Information: Full name, position, and department of the employee
3. Subject Line: Clear indication that this is a Notice of Termination
4. Grounds for Termination: Specific legal basis for termination under Philippine Labor Code, with clear facts and circumstances
5. Prior Warnings/Notices: Reference to previous warnings or the first notice given (as required by the two-notice rule)
6. Effective Date: Clear statement of when the termination takes effect
7. Final Pay Information: Information about final salary, benefits, and other entitlements
8. Company Property: Instructions regarding return of company property
9. Closing Statement: Professional closing with acknowledgment section
10. Signatory Section: Space for authorized company representative's signature and employee's acknowledgment
1. Separation Package Details: Used when offering separation pay or additional benefits beyond statutory requirements
2. Redundancy Information: Required when termination is due to redundancy, including explanation of the business case
3. Performance History: Used in cases of termination due to poor performance, summarizing relevant performance reviews and improvement plans
4. Misconduct Details: Used in cases of termination due to misconduct, detailing specific incidents and violations
5. Non-Compete Reminder: Include if employee is bound by existing non-compete agreements
6. Certificate of Employment: Optional offer to provide a certificate of employment
7. Settlement Agreement Reference: Used when termination includes a separate settlement agreement
1. Summary of Benefits Calculation: Detailed breakdown of final pay, benefits, and deductions
2. Evidence of Violations: Documentation supporting the grounds for termination (in cases of misconduct)
3. Performance Improvement Plan History: In cases of performance-based termination, documentation of previous PIPs and outcomes
4. Exit Procedures Checklist: List of tasks and requirements for the employee's last day
5. Company Property Inventory: List of company assets to be returned
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Information Technology
Financial Services
Retail
Healthcare
Education
Construction
Business Process Outsourcing
Hospitality
Transportation and Logistics
Real Estate
Professional Services
Energy
Telecommunications
Agriculture
Mining
Relevant Teams
Human Resources
Legal
Compliance
Employee Relations
Labor Relations
Administrative Services
Corporate Services
Operations
Management
Executive Leadership
Relevant Roles
Chief Executive Officer
Chief Human Resources Officer
HR Director
HR Manager
Legal Counsel
Department Manager
Supervisor
Team Leader
HR Business Partner
Employee Relations Manager
Legal Manager
Compliance Officer
Administrative Officer
HR Operations Manager
Labor Relations Manager
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