TWIN NOTICE RULE
Just causes (Art 282, LC)
Authorized Causes (Art 283, LC)
Health Reasons (Art 284, LC)
Q: What is the purpose of the 2 notices served to the Ee and DOLE 1 month prior to termination? A:
1. To give the Ees some time to prepare for the eventual loss of their jobs and their corresponding income, look for other employment and ease the impact of the loss of their jobs. 2. To give DOLE the opportunity to ascertain the verity of the alleged cause of termination. (Phil. Telegraph & Telephone Corp. v. NLRC, G.R. No. 147002, April 15, 2005) Note: Notice to both the Ees concerned and the DOLE are mandatory and must be written and given at least 1 month before the intended date of retrenchment – and the fact that the Ees were already on temporary lay‐off at the time notice should have been given to them is not an excuse to forego the 1‐month written notice. (Sebuguero v. NLRC, G.R. No.115394, Sep. 27, 1995)
Q: What are the 2‐fold requirements of a valid dismissal for a just cause (Art 282, LC)? A:
1.Substantive – it must be for a just cause ,
2.Procedural – there must be notice and hearing
Q: What is the process to be observed by the employer (Er) for termination of the employment based on any of the just causes for termination? Art. 277b A:
1. A written notice should be served to the Ee specifying the ground/s for termination and giving the said Ee reasonable opportunity to explain (usually within 5 calendar days from receipt of notice). Note: This first written notice must apprise the Ee that his termination is being considered due to the acts stated in the notice. (Phil. Pizza Inc. v. Bungabong, G.R. No. 154315, May 9, 2005) 2.A hearing or conference should be held during which the Ee concerned, with the assistance of counsel, if the Ee so desires, is given the opportunity to respond to the charge, present his evidence and rebut the evidence presented against him. Required only in JUST CAUSE, not in authorized cause
If ee chose NOT to be heard, no violation (Pepsi-Cola Distributors of the Philippines, Inc. v. NLRC, G.R. No. 100686, Aug. 15, 1995; New Puerto Commercial v. Lopez, G.R. No. 169999, July 26, 2010) If a party was not initially given a chance to be heard at the company level, but later was given full opportunity to submit position papers or present his case and arguments before the Labor Arbiter, this defect is CURED. BUT if dismissal is NOT JUSTIFIED, this principle does NOT apply. 3.A written notice of termination – If termination is the decision of the Er, it should be served on the Ee indicating that upon due considerations of all the circumstance, grounds have been established to justify his termination, at least one month prior to his termination. Note: Single notice of termination does not comply with the requirements of the law. (Aldeguer & Co., Inc. vs. Honeyline Tomboc, G.R. No. 147633, July 28, 2008) G.R. No. 169523 June 16, 2010
LIMA LAND, INC., LEANDRO JAVIER, SYLVIA DUQUE, and PREMY ANN BELOY, Petitioners, vs.
MARLYN CUEVAS, Respondent.
The requisites for a valid dismissal are: (a) the employee must be afforded due process, i.e., he must be given an opportunity to be heard and defend himself; and (b) the dismissal must be for a valid cause, as provided in Article 2829 of the Labor Code, or for any of the authorized causes under Articles 28310 and 28411 of the same Code.12 In the instant case, the Court agrees with petitioners' contention that respondent was afforded due process prior to her dismissal. Well-settled is the rule that the essence of due process is simply an opportunity to be heard or, as applied to administrative proceedings, an opportunity to explain one's side or an opportunity to seek a reconsideration of the action or ruling complained of.13 Moreover, in dismissing an employee, the employer has the burden of proving that the former worker has been served two notices: (1) one to apprise him of the particular acts or omissions for which his...
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