The Termination Letter Due To Poor Performance is a crucial document used in the Philippine employment context when an employer needs to formally end an employment relationship based on documented performance issues. This document must strictly comply with the Philippine Labor Code, particularly Article 297 (formerly 282) regarding just causes for termination, and follow the mandatory twin notice rule required by DOLE. It should be used only after documented performance improvement attempts and formal warnings have been issued. The letter typically includes detailed performance issues, references to previous warnings, improvement opportunities provided, legal basis for termination, and final settlement arrangements. It serves as a critical legal document that may be scrutinized in potential employment disputes, making it essential for the content to be comprehensive, clear, and compliant with Philippine employment laws.
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1. Header Information: Company letterhead, date, employee's name and address, and reference number
2. Subject Line: Clear indication that this is a Notice of Termination of Employment
3. Opening Statement: Reference to previous performance improvement notices and warnings
4. Performance Issues: Detailed description of specific performance deficiencies, with dates and instances
5. Prior Interventions: Summary of previous attempts to address performance issues, including coaching, warnings, and improvement plans
6. Legal Basis: Citation of relevant provisions from the Labor Code justifying the termination
7. Termination Decision: Clear statement of employment termination and effective date
8. Final Arrangements: Information about final pay, benefits, clearance procedures, and company property return
9. Closing: Signature blocks for authorized company representative and acknowledgment of receipt
1. Separation Package: Include when offering separation pay or additional benefits beyond legal requirements
2. Non-Compete Reminder: Include when employee is bound by existing non-compete agreements
3. Appeal Process: Include when company policy allows for formal appeals of termination decisions
4. Certificate of Employment: Include when providing immediate certificate of employment details
5. Reference Policy: Include when specifying company policy on providing future employment references
1. Performance Review History: Chronological list of performance evaluations and ratings
2. Warning Notices: Copies of all prior written warnings and performance improvement plans
3. Meeting Minutes: Documentation of performance review meetings and coaching sessions
4. Final Pay Computation: Detailed breakdown of final salary, benefits, and deductions
5. Clearance Checklist: List of items and procedures for employment clearance
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Information Technology
Manufacturing
Retail
Healthcare
Education
Professional Services
Telecommunications
Construction
Hospitality
Business Process Outsourcing
Transportation and Logistics
Real Estate
Energy and Utilities
Media and Entertainment
Relevant Teams
Human Resources
Legal
Compliance
Employee Relations
Management
Operations
Administration
Corporate Services
Industrial Relations
Relevant Roles
Human Resources Manager
HR Director
Department Manager
Line Manager
Operations Manager
HR Business Partner
Legal Counsel
Compliance Officer
Employee Relations Manager
HR Administrator
Department Head
Division Chief
Executive Director
General Manager
Regional Manager
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