Sexual Intercourse Inside Company Premises: Sample Notice of Dismissal
Sexual intercourse committed inside company premises is serious misconduct and subjects the employee to disciplinary action which may amount to dismissal from service.
The form below is based on the book Human Resource Forms, Notices and Contracts Volume 2 (pp. 159-161).
Form No. 90 Decision to Dismiss (Final Notice) – Sexual intercourse in company premises
To : Name of Employee
From : HR MANAGER or other responsible officer
Subject : Sexual intercourse in company premises
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 _____________, at around ____________________, the security guard-on-duty conducted a routine security inspection of the offices after office hours as part of his duties. During the said inspection, the security guard, __________ (name of guard on duty) opened the door to your office and saw you and another employee, ________________, in the act of sexual intercourse on top of the table in your office.
You and your companion noticed the security guard’s presence and immediately got dressed and retrieved your belongings to leave the office. The same security guard recorded the incident in a written report dated _____________.
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 sexual intercourse in the office premises.
A violation of the said provision may constitute serious misconduct which is one of the just causes for termination of employment under Art. 297 of the Labor Code. After a thorough review and discussion on the matter, we find that your sexual conduct in the company premises is serious, inappropriate and unbecoming of an officer of your position in 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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