Social Media Access that is Unauthorized During Office Hours may be Ground for Disciplinary Action – Sample Decision
Social media govern the modern way of life. However, this takes up too much time if uncontrolled. In office environment, this can spell disaster on company productivity.
In the previous post habitual violation on this policy was issued a Notice to Explain (NTE). In this sample form, a Notice of Decision is issued.
The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2 by Atty. Villanueva.
Form No. 63 Decision to Dismiss (Final Notice) – Habitual Violation on Accessing Social Networking Sites, unauthorized email service provider such as Yahoo, Gmail, Facebook, Twitter and others
To : Name of Employee
From : HR MANAGER or other responsible officer
Subject : Habitual Violation on Accessing Social Networking Sites, unauthorized email service provider such as Yahoo, Gmail, Facebook, Twitter and others
Date : (Date of issuance)
This refers to our show cause memo on the subject matter dated _______________. Our records reveal the following facts:
On various occasions, particularly on the following dates: _______ (date) ________, our computer network monitor showed that you have been accessing social networking sites such as Facebook/Twitter (using unauthorized email service provider such as Yahoo/Gmail) despite repeated reminders against such unauthorized use.
In response to our show cause memo, you submitted your written explanation on ______________. In the same explanation, we note that _____________________ (if any admission is made, state it here).
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, accessing social networking sites (or using an unauthorized email service provider) during working hours is strictly prohibited and is an unauthorized use of Company resources. As such, it is analogous to serious misconduct, which is a just cause for terminating employment under the Labor Code.
After a thorough review and discussion on the matter, we find that your repeated acts of accessing social networking sites (or using an unauthorized email service provider) using your Company-assigned computer shows utter disregard of clear Company policy and of its business.
The same constitutes serious misconduct. 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,
_________________
(Printed name and signature of authorized signatory)
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