Bribery – Sample Notice of Dismissal
Bribery may be ground for dismissal. Accepting gifts, money, or any consideration as cause to perform one’s job can be a dismissible offense.
In this sample notice, the employee being charged had gone through the NTE and hearing. This is the final step to dismiss.
The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2.
Form No. 65 Decision to Dismiss (Final Notice) – Accepting gifts from supplier
To : Name of Employee
From : HR MANAGER or other responsible officer
Subject : Accepting gifts from supplier
Date : (Date of issuance)
This refers to our show cause memo on the subject matter dated _______________. Our records reveal the following facts: On ________ (date), we received a written complaint from one of our employees, particularly, ____________ (name of employee) about an incident that occurred on _________ (date).
It appears that XYZ Company, one of our suppliers, delivered to your office a brand new Apple Ipad tablet. During the scheduled conference on ______________, you were given the opportunity to explain or defend your side on the matter. (State any detail during the conference that may bolster the belief that a violation was committed) (State other details to substantiate charge, refute statement of employee if applicable, and complete justification for the company’s decision.)
In this connection, we direct your attention to the company’s Code of Conduct, particularly the provisions on Conflict of Interest, which clearly prohibit the act of accepting any gift/s from company supplier. A violation of the said prohibition constitutes serious misconduct which is a ground for termination under Art. 282 [now Art. 297] of the Labor Code.
Get a copy of the re-numbered Labor Code per RA 10151
After a thorough review and discussion on the matter, we find that your conduct was serious, wrongful and unjustified, which gives rise to a conflict of interest that the Company has a right to avoid. As such, accepting a gift from supplier XYZ Company violates the Code of Conduct and constitutes serious misconduct.
In view of the foregoing, you are hereby informed that your employment with the Company is terminated effective on the closing hours of ______ (date).
Please comply with the relevant post-employment requirement of the Company by surrendering your accountabilities to _________________ (department or officer) for the Company to process your final salary.
Very truly yours,
________________
(Name of Immediate superior)
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