Does the two-notice rule apply to probationary employees? | May 30, 2025

In this case, C.P. Reyes Hospital clearly did not issue a first notice regarding Barbosa’s absences, except for the November 4, 7, and 8 absences, which Barbosa was able to satisfactorily explain.

SECTION 2. Security of Tenure. — ….

For termination of employment based on just causes as defined in Article 288 of the Labor Code:

(i) A written notice served on the employee specifying the ground or grounds for termination, and giving said employee reasonable opportunity within which to explain his side.

(ii) A hearing or conference during which the employee concerned, with the assistance of counsel if he so desires, is given opportunity to respond to the charge, present his evidence, or rebut the evidence presented against him.

(iii) A written notice of termination served on the employee, indicating that upon due consideration of all the circumstances, grounds have been established to justify his termination.

While notarization creates a presumption of regularity, it does not alter the status of a void contract.

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