Termination Due to Authorized Cause Requires Observance of Procedural Due Process
Termination due to authorized cause under Article 299 of the Labor Code, as amended requires compliance by employer of the procedural due process. It used to be Article 284 prior to re-numbering of the Labor Code per R.A. 10151.
Re-Numbered Labor Code per DOLE Department Advisory 01, Series of 2015
The post below is based on the book Guide to Valid Dismissal of Employees Second Edition (pp. 56-57).
For termination based on authorized causes, that is, retrenchment, redundancy, etc., under Article 283, the due process is deemed complied with upon the service of a written notice as follows:
1. Notice to the employee (at least 30 days before the effectivity thereof); and
2. Notice to the appropriate Regional Office of the Department of Labor and Employment at least thirty (30) days before the effectivity of the termination, specifying the ground or grounds for termination. (DOLE requires a report using RKS Form 5 and JDMS-GC Report 1).
It is worth noting that for redundancy, retrenchment, closure or cessation of operations, only one notice is required unlike in dismissal for just cause. One notice for the employee and another one for DOLE. Both notices should be served at least thirty (30) days prior to the effective date of termination.
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