Smoking INside Company Premises – Notice of Dismissal
Smoking inside company premises, under certain circumstances, can lead to employee dismissal.
The sample notice below is based on the book Human Resource Forms, Notices and Contracts Volume 2 by Atty. Villanueva (163-165).
Form No. 92 Decision to Dismiss (Final Notice) – Smoking inside company premises
To : Name of Employee
From : HR MANAGER or other responsible officer
Subject : Smoking inside company premises
Date : (Date of issuance)
The following incident has been brought to our attention for appropriate action: On _____________, at about _________________, the roving security guard, __________ (name of employee) went on a routine check of the company premises and noticed the smell of smoke coming from the fire exit on the 3rd Floor of the building.
As the security guard approached the area, he discovered that you were smoking by the door of the said fire exit and quickly stopped and walked away when you noticed the guard’s presence. On various occasions, particularly on _______________, _________, and ___________ (dates), your co-employees complained of your habit of smoking inside the office, the rest room and along the hallway outside your office respectively.
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’s Code of Conduct which contains specific provisions prohibiting smoking inside company premises. Repeated violations of the said rule are analogous to serious misconduct which is a ground for termination under the Labor Code.
After a thorough review and discussion on the matter, we find that your act of smoking within the company premises is a willful violation of reasonable rules intended to promote a healthy workplace environment.
The same is analogous to serious misconduct 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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