NOTICE OF HEARING/CONFERENCE SEE SAMPLE FORM NO. 2 OF ATTY. VILLANUEVA’S BOOK
The next form will be the notice of hearing/ conference, inviting the employee to a dialogue or panel discussion of the charge. Some forms in Atty. Villanueva’s book (HR Forms Vol. 2) provide example of notice inviting employee charged to a hearing/conference.
Other forms on certain offenses do not have sample notice for hearing/conference since the reader may simply follow the format shown in other sample forms. Atty. Villanueva discusses some steps and practical guidelines in conducting administrative hearing in Volume One of this work. Additional discussion can also be found in his book Guide to Valid Dismissal of Employees.
These will prove useful during this phase of the investigation. Form No. 2 is not just about invitation to a hearing/ conference but also places the employee under preventive suspension. If the employee’s offense poses serious and imminent threat on the life or property of the employer or any of his representatives, the employee may be placed on preventive suspension for a period not exceeding thirty (30) days.
For extensive discussion on preventive suspension, please see pages 237-244 of Atty. Villanueva’s book Guide to Valid Dismissal of Employees. It is important to note that the suspended employee must be recalled back to work prior to the expiration of the 30 days if the employer finds no reason to dismiss him from service. However, if there is sufficient evidence warranting dismissal from service, the preventively suspended worker must be informed of the decision in writing of his dismissal prior to the expiration of the 30-day period.
What if the period of suspension is not enough to complete the investigation, can the employer extend the suspension? Yes, but the worker must be reinstated on payroll, meaning he should be paid his salary while he is on extended suspension. He must be notified in writing of his extended suspension and the fact that he will be paid during such time. Written notice of hearing/conference must be sent to the employee charged.
In all notices mentioned in his book, he mentions that they should be served on the employee personally or if he is not available to receive must be sent by registered mail with return card to his last known address. It is best practice, however, that each time a notice is addressed to the worker, one copy must be sent to him through registered mail.
(Source: HR Forms, Notices, and Contracts Vol. 2 by Atty. Elvin B. Villanueva pp. 14-16)
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