This Termination Due To Poor Performance document is essential for Philippine employers seeking to legally terminate an employee based on documented performance issues. It must comply with the Philippine Labor Code's requirements for just cause termination, particularly Article 297 (formerly Article 282) which recognizes gross and habitual neglect of duties as valid grounds for termination. The document is used after performance improvement plans have failed and when the employer has sufficient documentation of poor performance. It must demonstrate compliance with the two-notice rule: first notice detailing the grounds for termination with opportunity for explanation, and second notice declaring the final decision. The document includes comprehensive performance history, previous warnings, improvement opportunities provided, and specific instances of performance deficiencies to establish valid grounds for termination under Philippine law.
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1. Letter Header: Company letterhead, date, and formal addressing to the employee including their position and department
2. Reference to Prior Communications: Citation of previous performance improvement plans, warnings, and documentation of poor performance
3. Specific Performance Issues: Detailed description of performance deficiencies with specific examples and incidents
4. Previous Opportunities for Improvement: Summary of chances given to improve and support provided
5. Legal Basis: Citation of relevant provisions of the Labor Code and company policies
6. Notice of Termination Decision: Clear statement of the decision to terminate employment
7. Effective Date: Specification of the last day of employment
8. Final Pay and Benefits: Information about final salary, benefits, and clearance procedures
9. Signature Block: Space for authorized signatory and acknowledgment receipt by employee
1. Exit Procedures: Details about returning company property and exit interview procedures - include if company size warrants formal exit processes
2. Non-Competition Reminder: Reference to existing non-compete agreements if applicable to the employee's position
3. Appeal Process: Information about internal grievance procedures - include if company has established appeal mechanisms
4. Certificate of Employment: Mention of availability of certificate of employment - include if company policy provides for this
5. Transition Plan: Instructions for handover of duties - include for positions requiring formal knowledge transfer
1. Performance Review History: Chronological list of performance evaluations and ratings
2. Warning Letters: Copies of previous warning letters and performance improvement notices
3. Meeting Minutes: Documentation of performance discussion meetings
4. Final Pay Computation: Detailed breakdown of final pay including any separation benefits
5. Handover Checklist: List of items and responsibilities to be transferred
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Information Technology
Manufacturing
Retail
Healthcare
Education
Professional Services
Telecommunications
Business Process Outsourcing
Construction
Hospitality
Transportation and Logistics
Real Estate
Energy and Utilities
Media and Entertainment
Relevant Teams
Human Resources
Legal
Compliance
Employee Relations
Management
Industrial Relations
Administration
Corporate Services
Relevant Roles
Human Resources Manager
HR Director
Legal Counsel
Department Manager
Senior Manager
HR Business Partner
Employee Relations Manager
Corporate Lawyer
Compliance Officer
HR Operations Manager
Line Manager
Team Leader
Supervisor
Department Head
Chief Human Resources Officer
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