This document summarizes the requirements for terminating or separating employees according to DOLE D.O. 147-15. It discusses the differences between just cause termination and authorized cause separation. For just cause termination, employers must provide the employee with two written notices - a notice to explain describing the causes for termination, and a notice of results after considering the employee's explanation. It also outlines the requirements for authorized cause separation, including providing 30 days notice to the employee and paying separation pay.
2. Due Process
Substantive Due Process
1) Just Cause: employee’s fault/negligence
2) Authorized Cause: no fault of employee
Procedural Due Process
1) Just Cause Termination
2) Authorized Cause Separation*
*Separation pay is due as employee has no fault/negligence – unlike just cause termination.
DOLE D.O.
147-15
3. Notice to Explain
(1st Written Notice)
Notice of Results
(2nd Written Notice)
AMPLE OPPORTUNITY
TO BE HEARD
Just Cause Termination
Section 5.1,
Rule I-A, DOLE
D.O. 147-15
4. 1st Written Notice
Requirements:
1) Specific causes/grounds
2) Detailed narration of facts and circumstances
3) Directive to the employee who is given opportunity to submit a writ-
ten explanation within a reasonable period
Specific causes/grounds:
- Labor Code
- Company Policies
- Employment Contracts Section 5.1,
Rule I-A, DOLE
D.O. 147-15
5. 1st Written Notice
Detailed narration of facts and circumstances
- Will serve as the basis for the charge
- General description will not suffice
- Provide info on: who, what, when, where, how
Directive to the employee who is given opportunity to submit a written ex-
planation within a reasonable period
- At least 5 calendar days from receipt of notice
- To study accusation, consult or be represented by lawyer or union
officer
- Gather data and evidence
- Decide on defenses against the complaint
Section 5.1,
Rule I-A, DOLE
D.O. 147-15
6. Ample Opportunity to be Heard
It means:
- Any meaningful opportunity, whether verbal or written, given to the
employee to answer the charges against him/her, and
- Submit evidence in support of defense
- Whether through: a hearing/conference or some other fair, just and
reasonable way (including written reply)
Section 5.1,
Rule I-A, DOLE
D.O. 147-15
7. Ample Opportunity to be Heard
Formal hearing becomes mandatory in any of these:
1) Requested by the employee in writing;
2) Substantial evidentiary dispute exist;
3) Company rule or practice requires it; or
4) When similar circumstances justify it.
Section 5.1,
Rule I-A, DOLE
D.O. 147-15
8. 2nd Written Notice
Requirements:
1) Indicate: all circumstances involving the charge have been
considered
2) Grounds have been established to justify the severance of
their employment
Section 5.1,
Rule I-A, DOLE
D.O. 147-15
10. 30-Day Employee Notice
Requirements:
1) Specifying ground/s for separation
2) Last day
3) Separation Pay
No separation pay if due to closure/cessation of business is due to serious business losses or financial
reverses
Requirements:
1) Submit DOLE RKS Form 5 – Establishment Termination Report
2) To: DOLE Regional Office
Section 5.3 and
5.5, Rule I-A,
DOLE D.O.
147-15
11. Separation Pay
1 month pay or 1 month pay per year of service, whichever is
higher for:
1) Installation of labor-saving devices
2) Redundancy
*A fraction of 6 months service is considered 1 year.
Section 5.5,
Rule I-A, DOLE
D.O. 147-15
12. Separation Pay
1 month pay or 1/2 month pay per year of service, whichever
is higher for:
1) Retrenchment
2) Closure/cessation of business operation not due to serious
business losses
3) Disease
*A fraction of 6 months service is considered 1 year.
Section 5.5,
Rule I-A, DOLE
D.O. 147-15
13. For more information, please visit
www.laborlaw.ph
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