Porn Uploaded to the Internet Using Company Computer – Notice of Dismissal
Porn distributed, shared or uploaded in social media or the Internet using the company computer may subject employee to disciplinary action.
For purposes of dismissal, employers should include this offense in the Code of Conduct pursuant to DOLE IRR implementing Article 297 of the Labor Code particularly the analogous cause.
Learn how to incorporate disciplinary policies in your Code of Discipline from a book How To Design and Formulate Company Code of Discipline
The sample template below is based on the book Human Resource Forms, Notices & Contracts Volume 2 by Atty. Villanueva.
Form No. 96 Decision to Dismiss (Final Notice) – Uploading personal pornographic material on the Internet
To : Name of Employee
From : HR MANAGER or other responsible officer Subject : Uploading personal pornographic material on the Internet
Date : (Date of issuance) This refers to our show cause memo on the subject matter dated _______________.
The following incident has been brought to our attention for appropriate action:
On _____________, the company’s computer network administrator conducted a routine maintenance and inspection of the office computers and discovered several pornographic files stored in your company-assigned computer.
In particular, these files contained videos showing you in various compromising positions and nudity. An examination of the Internet cache of your computer revealed several activities of uploading personal pornographic material at porn websites such as ________.
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 manual, particularly section ________ which prohibits uploading of pornographic material including videos on the Internet using company property. Porn websites often contain malware and virus programs which surreptitiously attach to unaware Internet users.
They can cause loss and damage to computer files and spread quickly to other computers in the company network, exposing the company to security risks and file losses, Thus, accessing porn websites and uploading porn videos to any of these sites is strictly prohibited.
A violation of the said provision may constitute serious misconduct which is one of the just causes for termination of employment under Art. 297 [formerly Art. 282] of the Labor Code. After a thorough review and discussion on the matter, we find that your conduct of accessing and uploading personal pornographic video material using company property is serious, deliberate, inappropriate and prejudicial to the business of the company.
It constitutes serious misconduct which is a ground for dismissal from employment under Art. 297 of the Labor Code. 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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