Notice of Hearing or Conference for Theft (Filipino/Tagalog)

Notice of Hearing or Conference for Theft (Filipino/Tagalog)

Notice of Hearing / Conference is among the requirements for employee dismissal most especially if the company’s Code of Discipline or Code of Conduct provides for the holding of it during dismissal cases.

The basis for this requirement is Article 292 [formerly Article 277 of the Labor Code, which states, in part, that:

“the employer shall furnish the worker whose employment is sought to be terminated a written notice containing a statement of the causes for termination and shall afford the latter ample opportunity to be heard and to defend himself with the assistance of his representative if he so desires in accordance with company rules and regulations promulgated pursuant to guidelines set by the Department of Labor and Employment” (See re-numbered Labor Code by Atty. Villanueva)

The decision of the Supreme Court that states this requirement is King of Kings Transport, Inc., vs. Mamac, G.R. No. 166208, June 29, 2007 which provides, in part, that:

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“(B) 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 277(b) of the Labor Code, as amended.

“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.” (See page 33, Valid Dismissal of Employees Second Edition)

While it is true that in Perez vs. PT&T (G.R. No. 152048, April 7, 2009) the Supreme Court also held that holding of hearing is not necessary unless requested by the employee or the company’s Code provides for it, granting the employee the opportunity for a face-to-face conference is still a good decision.

In the Perez case, the Supreme Court held that:

“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.”

As they say, it is better to err on the side of caution.

As a follow up post on the sample theft case posted on the website on February 13, 2019 involving a fictional employee Magno N. Akowka, here is the next to the process: Sample Notice of Hearing / Conference in Filipino / Tagalog

To:                  Magno N. Akowka

From:            HR

Date:              February 21, 2019

Subject:         Administrative Hearing / Conference

Ito ay hinggil sa imbestigasyon sa kinuhang kable ng kuryente mula sa bodega na kung saan ikaw ay binigyan ng Notice to Explain (NTE) noong February 13, 2019.

Bilang kasunod na proseso, ikaw ay inaanyayahan na dumalo sa isang pagdinig (hearing/conference) sa ika ___ ng Pebrero 2019 sa oras na ika 9:00 ng umaga sa 123 Jirap Umacyath Building, Dey Majanap St., Makati City. Ikaw ay maaring magdala ng kasama na makakapagbigay sa iyo ng suporta o ng abogado kung iyong nanaisin.

Ang hindi pagdalo sa pagdinig na ito ay maaring mangahulugan na iyong ipinagwawalang-bahala ang iyong karapatan at ang iyong kaso ay maaring desisyonan ayon sa kung anong ebidensyang meron sa kompanya.

Para sa iyong mahigpit na pagsunod.

Aya O. Saklefto
HR Manager

Easily Draft Your HR Forms, Notices and Contracts Soft Copy Version (With Over 150 Sample Templates Editable in Word File). Order Your USB/CD Here! Special Introductory Price Until March 15, 2019.

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