Notice of Administrative Hearing/Conference for Abandonment of Work in Filipino or Tagalog
In the previous post, a sample Notice to Explain for Abandonment of work was made. It involves a fictional incident where the employee failed to report for work but did not file prior leave or even call the office.
The notice mentions about the multiple violations committed by the same employee in the past. The sample notice below is a continuation of this procedural due process.
After serving the first notice, the employer should afford the employee ample opportunity to be heard and to defend himself/herself with the assistance of his/her representative if he/she so desires, as provided in Article 292 (b) [formerly Article 277(b)] of the Labor Code, as amended. (See Guide to Valid Dismissal of Employees, Second Edition, page 33)
“Ample opportunity to be heard” means any meaningful opportunity (verbal or written) given to the employee to answer the charges against him/her and submit evidence in support of his/her defense, whether in a hearing, conference or some other fair, just and reasonable way. A formal hearing or conference becomes mandatory only when requested by the employee in writing or substantial evidentiary disputes exist or a company rule or practice requires it, or when similar circumstances justify it.
As opposed to substantive, procedural due process refers to the procedure involved in the dismissal of an employee. Notices and hearing or conference belong to this aspect. Procedural due process requires further that an employee can only be dismissed after he has been given an opportunity to be heard. (See Maneja vs. NLRC and Manila Midtown Hotel, G.R. 124013, June 5, 1998)
In Perez vs. PT&T (G.R. No. 152048, April 7, 2009), the Supreme Court held that Significantly, Section 2(d), Rule I of the Implementing Rules of Book VI of the Labor Code itself provides that the so-called standards of due process outlined therein shall be observed substantially, not strictly. This is a recognition that while a formal hearing or conference is ideal, it is not an absolute, mandatory or exclusive avenue of due process.
An employees right to be heard in termination cases under Article 277(b) as implemented by Section 2(d), Rule I of the Implementing Rules of Book VI of the Labor Code should be interpreted in broad strokes. It is satisfied not only by a formal face to face confrontation but by any meaningful opportunity to controvert the charges against him and to submit evidence in support thereof.
The written explanation may also include a request that a formal hearing or conference be held. In such a case, the conduct of a formal hearing or conference becomes mandatory, just as it is where there exist substantial evidentiary disputes or where company rules or practice requires an actual hearing as part of employment pretermination procedure. To this extent, we refine the decisions we have rendered so far on this point of law.
Hearing requirement in cases of abandonment of work is not necessary. However, it is always better to observe in full the procedural due process if time is not of the essence.
Below is the sample notice of administrative hearing/conference for abandonment of work in Filipino or Tagalog:
To: MASON Q. PADERMO
Concrete Mason
From: HR
Date: _______________________
Subject: PAANYAYA PARA SA PAGDINIG TUNGKOL SA PAG-ABANDONA NG TRABAHO (ABANDONMENT OF WORK)
Ito ay may kinalaman sa ulat tungkol sa iyon hindi pagpasok sa trabaho noong ika _____ ng Sityembre, 20_____ base sa talaan (biometric/bundy clock record) ng kompanya. Nang sinuri ang mga leave forms, wala kang naisumite na papel para sa iyong pagliban sa trabaho.
Alinsunod dito, ikaw ay inaanyayahan para sa isang pagdinig o hearing/conference sa ika _____ ng Sityembre, 20____ sa 5th Floor Darak Building, Malaio Street, Makati City.
Maari mong dalhin ang iyong taga-suporta, abugado, o ang sinumang maaring makapagbigay sa iyo ng suporta. Ang hindi pagdalo sa nasabing pagdinig ay mangangahulugan ng pag-balewala sa iyong mga karapatan para sa kasong ito.
Para sa iyong mahigpit na pagsunod.
ANNE GRAY BEERD
HR Manager
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