procedural due process Archives - LVS Rich Publishing

09 Jan

Lack of First Written Notice in Employee Dismissal is Non Compliance with Procedural Due Process

Procedural due process is required in employee dismissal. Failure to comply shall result in the imposition of indemnity in the form of nominal damages. Due process under the Labor Code involves two aspects: first, substantive––the valid and authorized causes of termination of employment under the Labor Code; and second, procedural––the manner of dismissal. In the present case, the CA affirmed the findings of the labor arbiter and the NLRC that the termination of employment of respondent was based on a [...]

By Atty Elvin Labor Law atty. elvin, dismissal, due process, labor, Labor Code, labor law, procedural due process, termination 0 Comments Read more...

19 Sep

Standards to Observe in Alleging Offenses in the Notice to Explain

Issuance of the Notice to Explain (NTE) is one of the steps required in employee dismissal. At least, insofar as avoiding payment of indemnity is concerned for violation of procedural due process. Not observing the proper NTE may also impress upon the tribunal the haphazard nature of the employer in issuing such legal requirement. The last thing that an employer, as respondent in a case, wants is to have a wrong impression in the eyes of the labor tribunal. So, should [...]

By Atty Elvin Labor Law atty. elvin, dismissal, Just Cause, labor, Labor Code, labor law, Notice to Explain, NTE, procedural due process, termination 0 Comments Read more...

26 Mar

Employee Termination Notice as Part of Procedural Due Process

Employee termination notice is mandatory as part of the procedural due process in employee dismissal. As opposed to substantive due process, procedural due process pertains to the procedure involved. Hence, after determining that termination of employment is justified, the employers shall serve the employees a written notice of termination indicating that: (1) all circumstances involving the charge against the employees have been considered; and (2) grounds have been established to justify the severance of their employment. (King of Kings Transport, [...]

By Atty Elvin Labor Law atty. elvin, dismissal, due process, labor, Labor Code, procedural due process, termination 9 Comments Read more...

21 Mar

Hearing to Employee is not Required for Termination if so Stipulated in Certain Forms of Employment

As a general rule, hearing is mandatory for termination of employees for just cause where it is provided in the policy or requested in writing. It is part of the procedural due process required by law. It belongs to the twin requirements doctrine. However, termination of employment not due to just cause has a different requirement. There are certain forms of employment where such hearing is not anymore required in termination as there is already a stipulation in the employment [...]

By Atty Elvin Labor Law atty. elvin, due process, employee, employer, labor, Labor Code, labor law, procedural due process 20 Comments Read more...

18 Mar

Counsel may Assist the Employee in a Hearing or Conference if the Latter Desires as part of Due Process

If a hearing or conference would be held in an employee dismissal, the employee may request to bring a counsel in such proceeding. This seems to be an optional requirement at the in- stance of the employee. In the dismissal of an employee, a hearing or conference must be held during which the employee concerned, with the assistance of counsel if the employee so desires, is given opportunity to respond to the charge, present his evidence or rebut the evidence [...]

By Atty Elvin Labor Law administrative hearing, atty. elvin, counsel, dismissal, due process, Hearing or Conference, Just Cause, labor, Labor Code, labor law, procedural due process, termination 9 Comments Read more...

18 Mar

Formal Hearing which is Adversarial in Nature is not Applicable in Employee Dismissal Cases

While hearing or conference is required to be held when specifically requested in writing by the employee or when so provided in the company policy, it is not intended to be in a formal type of proceeding. In the case of Nuez vs. NLRC the Supreme Court held that what the law requires is for the employer to inform the employee of the specific charges against him and to hear his side or defenses. This does not however mean a [...]

By Atty Elvin Labor Law administrative conference, administrative hearing, atty. elvin, dismissal, due process, employee, employer, hearing / conference, Hearing or Conference, Just Cause, labor, Labor Code, labor law, procedural due process 13 Comments Read more...

17 Mar

Notice to Explain (NTE): Contents and Requirements

Notice to explain or NTE is one of the requirements to complete the procedural due process in employee dismissal. In the case of King of Kings Transport, Inc. vs. Mamac, the Supreme Court (SC) said that the first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. In order to enable the [...]

By Atty Elvin Labor Law atty. elvin, dismissal, labor, Labor Code, labor law, Notice to Explain, NTE, procedural due process, termination 128 Comments Read more...

16 Mar

Notices Required in Terminating Employee

As part of procedural due process, employees to be dismissed should be notified. The first notice prior to dismissal based on just cause is known as the notice to explain or NTE as HR practitioners put it. Some call it show-cause memo or SCM. Others refer to it as show-cause order. Whatever terminology may be used to call it, the essence is that the notice should apprise the employee charged of the offense and the fact that such offense may be [...]

By Atty Elvin Labor Law atty. elvin, dismissal, due process, labor, Labor Code, procedural due process, termination 15 Comments Read more...

14 Mar

Procedural Due Process for Authorized Cause

Procedural due process is also required for termination due to authorized cause. For termination based on authorized causes, that is, retrenchment, redundancy, etc., under Article 298 of the Labor Code, as amended, the due process is deemed complied with upon the service of a written notice as follows: Notice to the employee (at least 30 days before the effectivity thereof); and Notice to the appropriate Regional Office of the Department of Labor and Employment (DOLE) at least thirty (30) days before the [...]

By Atty Elvin Labor Law atty. elvin, Authorized Cause, due process, installation of labor saving, labor, Labor Code, labor law, procedural due process, Redundancy, Retrenchment 11 Comments Read more...

13 Mar

Termination Rules for Probationary Employee as to Procedural Due Process

Termination of employment, as held in the case of (UNIVAC Development, Inc. vs. Soriano, G.R. No. 182072, June 19, 2013), is subject to three limitations, namely: it must be exercised in accordance with the specific requirements of the contract; the dissatisfaction on the part of the employer must be real and in good faith, not feigned so as to circumvent the contract or the law; and there must be no unlawful discrimination in the dismissal. Failure to specify the reasonable standards by which [...]

By Atty Elvin Labor Law atty. elvin, dismissal, due process, labor, Labor Code, labor law, probationary, procedural due process, termination 12 Comments Read more...

Tag - procedural due process