Embed Size (px)
DESCRIPTION
This is one of my suggested format for the FIRST NOTICE in the observance of procedural process under the Philippine law on termination of employment (otherwise known as the "two notice rule" or "2 notice rule"). This format is based on the requirements of the Omnibus Rules Implementing the Labor Code of the Philippines and latest jurisprudence from the Philippine Supreme Court. This is the first FORMAL step in terminating an employee based on JUST CAUSE. This SAMPLE FORM contains a NOTICE OF PREVENTIVE SUSPENSION. Not all offenses of employees, no matter how grave, can be the basis of a company to issue Preventive Suspension. There are specific ground rules. This Sample Form serves also as guide for the employer in preventively suspending its employees.
Citation preview
1
(Company Name) (Company Contact Details)
(Date)
(Name of Employee) (Position of Employee) (Contact Details of Employee) Subject: NOTICE TO EXPLAIN WITH NOTICE OF PREVENTIVE SUSPENSION -‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐ Dear Mr./Ms. (Surname of Employee): Please submit your written explanation to the DISCIPLINARY MATTER(S) being charged against you described or narrated below within FIVE (5) DAYS from the date that this Notice was served upon you. Also, please attend the conference to be held on _________________, 2013 at ______ (am/pm) at ______________________________ as this will give you additional opportunity to verbally explain your side and present your witnesses and other evidence regarding the said disciplinary matter(s). You have the right to be represented by any counsel or person of your choice. In the event that you are found guilty of the said charge(s), the company may terminate you from employment and/or impose other appropriate penalties. Furthermore, you have been placed under a 30-‐DAY PREVENTIVE SUSPENSION starting on _____________________, 2013. Unless earlier lifted, your preventive suspension will end on __________________, 2013. Note that preventive suspension is NOT A PENALTY. The company resorted to preventive suspension because of imminent and serious threat to the (choose one or both “lives” and/or “properties”) of (choose one or both “your employer” and/or “your co-employees”) as may be reasonably inferred from the nature of the charge(s ) against you. This Notice consists of ____ pages, plus attachments. Kindly give this matter your priority attention.
2
Very truly yours, (Name of Disciplinary Officer) (Position of Disciplinary Officer) (Contact Details of Disciplinary Officer) DISCIPLINARY MATTER(S): What was/were the offense(s) committed:
(Identify the name(s) of the offense(s) and the article(s) & section(s) where it/they is/are found in the Labor Code and/or in the company personnel policies.)
When was/were the offense(s) committed (date & time):
(If the exact date and time is not certain or available, indicate the time period covered instead.)
Where was/were the offense(s) committed:
(If the exact location is not certain or available, indicate the vicinity where the offense was committed.)
Who is/are being charged of the offense(s): (Indicate all the employees being charged with the same offense.) Who is/are the witness(es):
(Name all the witnesses. Attach their written reports or statements to this Notice. Expressly mention in this Notice what are the documents that are attached.)
How was/were the offense(s) committed:
(Give a brief description, story or narrative on how the offense was committed and why the subject employee is being charged in connection with the said offense. Attached the incident reports, police reports, security guard’s reports, audit reports, photos, and other documents that can help describe the offense. Expressly mention in this Notice what are the documents that are attached.)
How much was involved (if any):
3
(If property, estimate the value of the property lost or damaged. If it cannot be estimated (e.g. lost documents), say that “the value is beyond pecuniary estimation.”)
How did the offense adversely affect the company:
(Give brief description. This should directly or indirectly justify why the employee should be terminated, if found guilty.)
ACKNOWLEDGMENT RECEIPT OF NOTICE: Signature Over Printed Name: _______________________________________________________ Date: ____________________________ Time: ___________________________ WITNESS TO THE SERVICE OF NOTICE: Signature Over Printed Name: _______________________________________________________ Date: ____________________________ Time: ___________________________ Instruction to the Notice Server:
1. Give 1 copy of the Notice to the subject employee. 2. Request him/her to completely fill-‐up and sign the ACKNOWLEDGMENT RECEIPT OF
NOTICE on company’s copy of the Notice. 3. Fill-‐up and sign the WITNESS TO THE SERVICE OF NOTICE on company’s copy, placing
YOUR OWN NAME and SIGNATURE. 4. However, if the employee refuses to sign, don’t insist or argue. Just leave a copy of the Notice
on his/her cubicle, table or desk. a. Then fill-‐up and sign the ACKNOWLEDGMENT RECEIPT OF NOTICE of company’s
copy, placing YOUR OWN NAME and SIGNATURE with a note: “EMPLOYEE REFUSED TO RECEIVED”.
b. And if there are OTHER witnesses, request one of them to sign as witness on the WITNESS TO THE SERVICE OF NOTICE.
5. Return the company’s copy to the HR Manager for safekeeping. 6. If the Notice cannot be delivered PERSONALLY to the subject employee, then you must send
it to him/her by way of registered mail (with return card) using his/her last known address.
