Sample Notice of Redundancy & Dole Report


Terminating and employee is a tricky and dangerous decision on the part of the employer considering the risk of being sued in labor courts. While there is no guarantee that an employer cannot be hailed to court, the employer can ensure strong defense through the use of correct forms and observance of valid procedure.


This product will help companies and employers make a valid decision to exercise the prerogative to terminate where the situation warrants. The headache of composing the notice from scratch is minimized with the use of these templates as a guide.


This template consists of Notice of Redundancy to employee concerned and the guide on how to fill out the DOLE report form based on the redundancy decision. The sample filled out DOLE Report is provided here as reference only. What is being sold here is the idea on how to fill out the form, the sample contents based on the Notice of Redundancy to serve as guide for the user and not the DOLE form itself.


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The DOLE form is not for sale by the DOLE. It is free on its website at If you are just after the DOLE Establishment Report form, then do not buy this product and just download the form from the DOLE website. This is the DOLE RKS Form 5 2020 Version.


By the time you purchased this there could already be another version. Hence, just follow this sample DOLE report as a guide whenever there is already a new DOLE report form.


Essentially, redundancy exists when an employee’s position is superfluous, or an employee’s services are in excess of what would reasonably be demanded by the actual requirements of the enterprise. Redundancy could be the result of a number of factors, such as the overhiring of workers, a decrease in the volume of business, or the dropping of a particular line or service previously manufactured or undertaken by the enterprise.


In this relation, jurisprudence explains that the characterization of an employee’s services as redundant, and therefore, properly terminable, is an exercise of management prerogative, considering that an employer has no legal obligation to keep more employees than are necessary for the operation of its business.


Nevertheless, case law qualifies that the exercise of such prerogative “must not be in violation of the law, and must not be arbitrary or malicious.” Thus, following Article 298 of the Labor Code, the law requires the employer to prove, inter alia, its good faith in abolishing the redundant positions, and further, the existence of fair and reasonable criteria in ascertaining what positions are to be declared redundant and accordingly abolished.
To exhibit its good faith and that there was a fair and reasonable criteria in ascertaining redundant positions, a company claiming to be over manned must produce adequate proof of the same” where required by the situation.


Thus, the Court has ruled that it is not enough for a company to merely declare that it has become overmanned. Rather, it must produce adequate proof of such redundancy to justify the dismissal of the affected employees, such as but not limited to the new staffing pattern, feasibility studies/proposal, on the viability of the newly created positions, job description and the approval by the management of the restructuring.


As Article 298 states, “in case of termination due to xxx redundancy, the worker affected thereby shall be entitled to a separation pay equivalent to at least his one (1) month pay or to at least one (1) month pay for every year of service, whichever is higher.”


When redundancy would involve an employee holding a position where other employees are discharging similar functions, the employer has to establish criteria to use to determine who among them should be included in the redundancy. It bears noting that in redundancy, a position is being removed thus, all holders of such position are terminated.


In using this product, the company or employer has just to ensure that its situation is similar. The basic allegations should be satisfied such as there is superfluity in the functions. Also, when an employee’s services are in excess of what would reasonably be demanded by the actual requirements of the enterprise.


Hence, this product assumes a situation where the employer wants to prevent further losses


1. Sample Notice of Redundancy, containing:
a. Allegation of termination due to excess position
b. Review of the functions and alignment due to the financial situation of the company, decrease in the volume of business,
c. a reorganization has been proposed where positions doing identical functions at certain aspects of their job descriptions.
d. Crucial dates
e. Directive to undergo clearance procedure
f. Allegation of payment of separation pay upon completion of clearance


2. Guide in Filling Out the DOLE Report
3. Sample filled out DOLE report



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