Employee Termination Notice as Part of Procedural Due Process
Employee termination notice is mandatory as part of the procedural due process in employee dismissal. As opposed to substantive due process, procedural due process pertains to the procedure involved.
Hence, after determining that termination of employment is justified, the employers shall serve the employees a written notice of termination indicating that: (1) all circumstances involving the charge against the employees have been considered; and (2) grounds have been established to justify the severance of their employment. (King of Kings Transport, Inc. vs. Mamac, G.R. No. 166208, June 29, 2007.)
Again, this notice should be served on employees personally. If personal service is not possible then by registered mail.
The 2011 NLRC Rules of Procedure allows service of its decisions and other notices through private courier service. This indicates that service made through private couriers is now recognized by NLRC as substantial mode of service although such rule does not specifically provide when it comes to employer’s final notice of dismissal.
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Read more on procedural due process discussion by Atty. Elvin:
Read more on procedural due process by Atty. Villanueva:
Twin Requirements of Notice and Hearing
Procedural Due Process for Other Types of Employment
Notice to Explain: Contents and Requirements
In the case of Manila Jockey Club, Inc. vs. Trajano, the employer argued that the employee’s notification of her termination through the posting in the selling stations should be deemed a substantial if not full compliance with the due process requirement, considering that she herself even presented a copy of the posting as evidence; that the rule on giving notice of termination to an employee did not expressly require the personal service of the notice to the dismissed worker; and that what mattered was that she was notified in writing of the company’s decision to terminate her through the
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posting in its selling stations.
The Court considered such argument as bereft of worth and substance. The procedure to be followed in the termination of employment based on just causes is laid down in Section 2 (d), Rule I of the Implementing Rules of Book VI of the Labor Code.
It was held that in all cases of termination of employment, the following standards of due process shall be substantially observed:
For termination of employment based on just causes as defined in Article 282 of the Labor Code:
(i) A written notice served on the employee specifying the ground or grounds for termination, and giving said employee reasonable opportunity within which to explain his side.
(ii) A hearing or conference during which the employee concerned, with the assistance of counsel if he so desires is given opportunity to respond to the charge, present his evidence, or rebut the evidence presented against him.
(iii) A written notice of termination served on the employee, indicating that upon due con- sideration of all the circumstances, grounds have been established to justify his termination. In case of termination, the foregoing notices shall be served on the employee’s last known address.”
The company in said case did not comply with the prescribed procedure.
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