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Written Notice Of Termination for Philippines

Written Notice Of Termination Template for Philippines

A Written Notice of Termination is a formal document issued by an employer to an employee in the Philippines, serving as official notification of employment termination. This document must comply with Philippine Labor Code requirements, particularly the twin notice rule, which mandates proper notification and the opportunity for the employee to respond. The notice must clearly state the grounds for termination, reference relevant policies or laws, specify the effective date, and include instructions for final clearance procedures. It serves as a crucial legal document that protects both employer and employee rights while ensuring compliance with Philippine employment laws.

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What is a Written Notice Of Termination?

The Written Notice of Termination is a mandatory document under Philippine employment law that must be issued when ending an employment relationship. This document is required whether the termination is for just cause (such as serious misconduct or willful disobedience), authorized cause (such as business necessity or redundancy), or other valid grounds specified in the Labor Code. The notice must fulfill the requirements of procedural due process, including clear articulation of the grounds for termination, sufficient details of the basis for the decision, and proper timing in accordance with the required notice periods. It forms part of the documentary evidence of proper termination procedures and may be crucial in defending against potential illegal dismissal claims. The document's format and content must strictly comply with Philippine Labor Code provisions and relevant jurisprudence to ensure its legal validity.

What sections should be included in a Written Notice Of Termination?

1. Letterhead and Date: Company letterhead with complete contact information and the current date

2. Employee Information: Complete name, position, and department of the employee

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

4. Opening Statement: Direct statement of the purpose of the letter and reference to any previous communications or warnings

5. Grounds for Termination: Specific and detailed explanation of the cause(s) for termination, citing relevant provisions of the Labor Code or company policies

6. Facts and Evidence: Detailed account of the incidents or circumstances leading to termination, including dates and specific violations

7. Legal Basis: Citation of relevant provisions from the Labor Code, company policies, or employment contract that justify the termination

8. Effective Date: Clear statement of when the termination takes effect, considering the required notice period

9. Final Instructions: Instructions regarding the return of company property, final clearance procedures, and collection of final pay

What sections are optional to include in a Written Notice Of Termination?

1. Separation Benefits: Details of any separation pay or benefits, used when applicable under law or company policy

2. Non-Compete Reminder: Reminder of any existing non-compete or confidentiality obligations, used when such agreements exist

3. Appeal Process: Information about any internal appeal procedures, used when company policy provides for such process

4. Certificate of Employment: Mention of availability of certificate of employment, used when company policy includes this

5. Prior Warnings Reference: Reference to previous warning letters or disciplinary actions, used in cases of repeated violations

What schedules should be included in a Written Notice Of Termination?

1. Summary of Violations: Detailed list of specific incidents, dates, and violations when termination is due to multiple infractions

2. Computation of Final Pay: Breakdown of final salary, benefits, deductions, and other monetary considerations

3. Clearance Checklist: List of requirements and procedures for final clearance

4. Company Property Inventory: List of company assets to be returned by the employee

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

Construction

Business Process Outsourcing

Hospitality

Telecommunications

Real Estate

Agriculture

Mining

Transportation

Energy

Relevant Teams

Human Resources

Legal

Compliance

Employee Relations

Corporate Services

Administration

Management

Relevant Roles

Human Resources Manager

HR Director

Legal Counsel

HR Business Partner

Employee Relations Manager

HR Operations Manager

Compliance Officer

Department Manager

Line Manager

HR Administrator

Legal Manager

HR Specialist

Department Head

Chief Human Resources Officer

HR Generalist

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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