Termination Report for DOLE Due to COVID-19 SituationAtty Elvin
Termination for authorized cause is provided under Art. 298 of the Labor Code, as amended. Due process must be observed.
If the ground for dismissal is the authorized cause (redundancy, retrenchment, etc.), or those grounds expressly provided under Article 283. The notices required in this case are as follows:
- Notice to the employee at least 30 days before the effectivity date of his redundancy, retrenchment, etc.; and
- Notice to the DOLE at least 30 days before the effectivity date of the employee’s redundancy, retrenchment, etc. using the DOLE-prescribed reports and form. (See page 26, Guide to Valid Dismissal of Employees, 2nd Edition, Atty. Elvin B. Villanueva)
The Department of Labor and Employment (DOLE) requires the submission of report in the form of RKS 5, Series of 2020. Thus, the DOLE issued Labor Advisory No. 17-A, Series of 2020 prescribing the form to use for termination for authorized cause.
Here is a PDF copy of Labor Advisory No. 17-A, Series of 2020 (original file not mine):