Sample Notice of Retrenchment & Dole Report Editable Templates
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 Retrenchment to employee concerned and the guide on how to fill out the DOLE report form based on the retrenchment 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 Retrenchment to serve as guide for the user and not the DOLE form itself.
The DOLE form is not for sale by the DOLE. It is free on its website at http://ncr.dole.gov.ph/default.php?retsamlakygee=23&resource=617a4046ef07a0d9851942247a994cf9. 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.
Retrenchment is resorted to when the company/employer wants to reduce the number of employees due to certain business conditions. Under the law, the employer may terminate the employment of any employee due to retrenchment to prevent losses by serving a written notice on the workers and the Department of Labor and Employment (DOLE) at least one (1) month before the intended date thereof.
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In case of retrenchment to prevent losses not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.
When retrenchment would involve employee holding a position where there are other holders, the employer has to establish criteria to use to determine who among them should be retrenched. For instance, employees A, B, and C hold the position of Clerk.
The scenario in these templates is that the company has been suffering from declining sales and collection in its East District. Thus, it decides to close and consolidate the operation with the South District to prevent further losses. With the consolidation however, it would result in the South District having three (3) Sales Assistants. But the company can afford only one Sales Assistant. Thus, it decides to retrench two (2) Sales Assistants.
The employer has to decide who among A, B, and C should be removed. In doing so, the employer has to use reasonable or valid criteria otherwise, removal can be arbitrary and may be declared illegal.
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, declining sales, collection, or both. The losses suffered. The necessity to prevent further losses. There are more than one holders of the position affected and the company has to make a choice who shall be retrenched using the criteria.
Hence, this product assumes a situation where the employer wants to prevent further losses
1. Sample Notices of Retrenchment to two employees, containing
a. Allegation of termination to prevent further losses
b. Use of criteria
c. Crucial dates
d. Directive to undergo clearance procedure
e. Allegation of payment of separation pay upon completion of clearance
2. Guide in Filling Out the DOLE Report
3. Sample filled out DOLE report