Procedural Due Process for Authorized Cause
Procedural due process is also required for termination due to authorized cause.
For termination based on authorized causes, that is, retrenchment, redundancy, etc., under Article 298 of the Labor Code, as amended, the due process is deemed complied with upon the service of a written notice as follows:
- Notice to the employee (at least 30 days before the effectivity thereof); and
- Notice to the appropriate Regional Office of the Department of Labor and Employment (DOLE) at least thirty (30) days before the effectivity of the termination, specifying the ground or grounds for ter- mination. (DOLE requires a report using RKS Form 5 and JDMS-GC Report 1; See DOLE website for the updated form).
It is worth noting that for redundancy, retrenchment, closure or cessation of operations, only one notice is required unlike in dismissal for just cause. One notice for the employee and another one for DOLE. Both notices should be served at least thirty (30) days prior to the effective date of termination.
For termination on the ground of disease, Article 299 provides that an employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-
employees: Provided, That he is paid separation pay equivalent to at least one (1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year.
Termination due to disease under Article 299 of the Labor Code, does not categorically show the procedural due process necessary to effect the dismissal. In Agabon vs. NLRC the Supreme Court observed, however, that the procedural requirements under Article 298 are likewise applicable to Article 299.
It bears stressing as well that for dismissal on the ground of disease the employer has to take note of other requisites for validity like the certification coming from competent public health authority regarding the illness, among others.
Termination of project employment does not require notice. The relationship ends upon the completion of the project or phase thereof.
Fixed-term or fixed-period employment is duly recognized by jurisprudence as well. When this is validly done, termination is effected upon the expiration of the period stipulated by the parties.
Learn how to Validly Terminate Employee in the Philippines with this Tutorial Video of Atty. Elvin 
The validity of termination can exist independently of the procedural infirmity of the dismissal. Take note that this is in accord with the pronouncement that dismissal does not involve worker’s property in constitutional sense. Not being so, absence of procedural requirements does not negate the validity of dismissal. The employer however, is liable for indemnity.
In other instances of severance of employer-employee relationship, the law provides certain procedural requirements.
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