Ensuring Due Process: What Should the First Written Notice Contain? | 14 July 2024

The employer must furnish the employee with two written notices before the termination of employment can be effected:

Author

Alburo Law
July 14, 2024

The employer must furnish the employee with two written notices before the termination of employment can be effected: (1) the first apprises the employee of the particular acts or omissions for which his dismissal is sought; and (2) the second informs the employee of the employer’s decision to dismiss him. (Foodbev International vs. Noli Ferrer, G.R. No. 206795, September 16, 2019)

The first written notice should contain:

(i) The specific causes or grounds for termination as provided for under Article 297 of the Labor Code, as amended, and company policies, if any;

(ii) Detailed narration of the facts and circumstances that will serve as basis for the charge against the employee. A general description of the charge will not suffice.

(iii) A directive that the employee is given the opportunity to submit a written explanation within a reasonable period. (DOLE Department Order No. 147, series of 2015) 

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