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Termination Letter With Cause for Philippines

Termination Letter With Cause Template for Philippines

A formal employment termination document governed by Philippine labor laws, specifically designed for cases where an employer terminates an employee's service for just cause as defined under Article 297 (formerly Article 282) of the Philippine Labor Code. This document must comply with both substantive and procedural due process requirements, including proper notification of charges, opportunity for the employee to respond, and clear articulation of the grounds for termination. It serves as an official record of employment termination and must include specific details about the cause, reference to previous warnings or investigations, effective date of termination, and information about final pay and benefits.

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What is a Termination Letter With Cause?

The Termination Letter With Cause is a crucial document in Philippine employment law that formalizes the end of an employment relationship due to specific violations or circumstances attributable to the employee. It is used when an employer has established valid grounds for termination as specified in Article 297 of the Philippine Labor Code, such as serious misconduct, willful disobedience, gross negligence, fraud, or similar grave offenses. The document must demonstrate compliance with mandatory due process requirements, including the twin notices of investigation and termination. It serves as legal documentation of the termination process and protects the employer from potential wrongful termination claims. The letter should be prepared with careful attention to detail, as Philippine courts strictly scrutinize termination cases and tend to favor employee rights.

What sections should be included in a Termination Letter With Cause?

1. Header and Date: Complete company letterhead, current date, and reference number if applicable

2. Employee Information: Full name, position, department, and employee ID of the recipient

3. Subject Line: Clear indication that this is a Notice of Termination

4. Specific Cause for Termination: Detailed description of the violation or cause, citing specific company policies and/or relevant provisions of the Labor Code

5. Facts and Evidence: Chronological presentation of events, incidents, or circumstances leading to termination

6. Prior Warnings and Actions: Reference to previous warnings, investigations, or corrective actions taken

7. Legal Basis: Citation of relevant provisions from the Labor Code and company policies

8. Effective Date: Clear statement of the last day of employment

9. Final Pay Information: Information about the processing of final pay, benefits, and certificates

10. Closing and Signatures: Formal closing, name and signature of authorized company representative

What sections are optional to include in a Termination Letter With Cause?

1. Exit Procedures: Include when there are specific company clearance procedures or return of company property requirements

2. Non-Compete Reminder: Include when employee is bound by non-compete or confidentiality agreements

3. Appeal Rights: Include when company policy allows for an appeal process

4. Certificate of Employment: Include when providing information about requesting employment certificates

5. Benefits Continuation: Include when there are specific benefits that continue post-termination

What schedules should be included in a Termination Letter With Cause?

1. Notice of Administrative Hearing/Investigation: Copy of the previous notice showing compliance with due process requirements

2. Documentation of Violations: Copies of incident reports, warning letters, or other relevant evidence

3. Final Pay Computation: Detailed breakdown of final pay, including separation pay if applicable

4. Clearance Checklist: List of items and procedures to be completed before final pay release

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions




















Clauses




















Relevant Industries

Banking and Finance

Information Technology

Manufacturing

Retail

Healthcare

Education

Business Process Outsourcing

Construction

Hospitality

Transportation and Logistics

Real Estate

Professional Services

Telecommunications

Energy and Utilities

Agriculture

Relevant Teams

Human Resources

Legal

Employee Relations

Compliance

Industrial Relations

Corporate Services

Management

Administration

Relevant Roles

Human Resources Manager

HR Director

Legal Counsel

HR Business Partner

Employee Relations Manager

HR Operations Manager

Compliance Officer

Department Manager

General Manager

Chief Human Resources Officer

HR Administrator

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Industrial Relations Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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