I.

THE REALITY OF LABOR CASES  PROBATIONARY ( With Proper

Evaluation)
 PROJECT BASED / Fixed term (With
ON LABOR/EMPLOYEES: DOLE Report) 
 AGENCY HIRED (With Agency Contract
 SENSITIVE/ OPPORTUNISTIC / of Service)
DESPERATE FOR QUICK MONEY
NOTE: MUST HAVE FUNDAMENTAL EMPLOYEE
INFORMATION (ACKNOWLEDGED/SIGNED)
 EASILY INFLUENCED / MANIPULATED /
CONSPIRACY WITH OTHERS
B. SYSTEMATIC DOCUMENTATION OF
INCIDENTS
 BASELESS ENTITLEMENT / SOCIALIST
MINDSET
ON GENERAL INCIDENTS

 MEMORANDUM / INCIDENT REPORT /

ON LABOR COURTS
FIRST NOTICE:
 LEGAL/FACTUAL DOUBTS IN FAVOR OF NOTE: EVIDENTIARY SUPPORT OF KNOWLEDGE, NOTICE
LABOR (SOCIAL JUSTICE / and/or CONSENT. PRIMARILY FOR DOCUMENTARY
PROTECTIONISM) EVIDENCE IN CASE OF LABOR SUITS.

 PREJUDICE AGAINST MANAGEMENT NOTE: FUNDAMENTAL PARTS OF MEMO/NOTICE/LETTER

(PRO-LABORER MINDSET)
-Date of Memo/Notice/Letter
 HARD AND FAST APPLICATION OF - RegistryReceipt/ReturnCard
LABOR STANDARDS -Subject/Purpose
-Date/Time of Incident
-Important Facts (with evidence if necessary)
ON MANAGEMENT/EMPLOYERS -Instruction to submit letter-explanation with
Deadline
 BLATANT/CARELESS DISREGARD TO -Signature of Recipient
LABOR STANDARDS / PROCEDURES
NOTE: Exhaust Resource for evidence (Photos, video,
screenshots, messages, sworn statements) | File Police
 COMPLAISANT/ENABLING/CASUAL Blotter  for crimes/felony
ATTITUDE ON EMPLOYEE VIOLATIONS
 FORMAL CHARGE and/or NOTICE OF
 LACK OF EVIDENTIARY SUPPORT SUSPENSION PENDING INVESTIGATION
(ESPECIALLY ON MANAGEMENT) (15DAYS ONLY)

NOTE: Must have Investigation Report with evidentiary

USUAL OUTCOME: BUSINESS SUFFERS support at the end of the 15-day suspension

 PREVENTABLE LABOR COMPLAINTS POST ADMINISTRATIVE INVESTIGATION

 LARGE OUT-OF-COURT SETTLEMENTS  OPTION TO RESIGN

NOTE: Must have handwritten resignation letter and

 EXECUTION/ATTACHMENT/GARNISHME other evidence (Photo, video, sworn statements of
NT OF PROPERTIES acceptance)

 PAYMENT FOR DAMAGES, FULL  NOTICE OF TERMINATION WITHOUT

BACKWAGES, ATTORNEY’S FEES MONETARY SUPPORT

 CLOSURE / BANKRUPTCY NOTE: SEND VIA REGISTERED MAIL IF NOT ACCEPTED OR

SIGNED.

II. INSTALL PREVENTIVE MEASURES  NOTICE OF TERMINATION WITH

MONETARY SUPPORT / QUITCLAIM
A. CONSENSUAL EMPLOYMENT AGREEMENT
NOTE: Must have handwritten quitclaim/waiver, signed prejudicial to his or her health or to the
voucher, and other evidence (Photo, video, sworn health of his or her colleagues.
statements of acceptance)

The cause of dismissal determines which

 IN CRIMES: POLICE BLOTTER /
procedure must be followed prior to the
COMPLAINT
dismissal.

OTHER FORMS OF DOCUMENTATION: IV. PROCEDURAL DUE PROCESS

1. Detailed Logbook FOR JUST CAUSES, AN EMPLOYER MUST:

2. Manager/Supervisory Daily Endorsement
3. Evaluation Report 1. Serve the employee with a written
4. Quality Control Report notice containing the specific causes or
5. NOTICE OF AWOL grounds of termination against him or
6. RETURN TO WORK ORDER her, and giving him or her an
opportunity to provide an explanation,
within at least five calendar days of
III. DISCONTINUING EMPLOYMENT
receiving notice to clarify his or her
defence;
DISMISSAL
2. Conduct a hearing or conference to
 An employee may only be dismissed if
allow the employee to explain his or her
there is a just or authorised cause for
defences, present evidence and rebut
the dismissal.
the evidence presented against him or
 This policy is anchored on the principle
her;
of the security of tenure of employees,
which is not only statutorily provided
3. Serve the employee with a written
but is constitutionally enshrined.
notice of termination indicating that all
circumstances involving the charge
THE JUST CAUSES FOR TERMINATION ARE:
against him or her have been
considered as well as the grounds to
 Serious misconduct or wilful
justify the severance of his or her
disobedience;
employment.
 Gross and habitual neglect of duties;
 Fraud or wilful breach of trust; NOTE: Severance pay is not required for JUST CAUSE
 Loss of confidence; DISMISSALS but may be granted in exceptional
 Commission of a crime or offence by circumstances.
the employee against his or her
NOTE: Failure to comply with the procedural
employer, the employer's immediate
requirements shall not invalidate a dismissal where just
family or his or her duly authorised or authorised causes exist. However, an erring employer
representatives; and may be held liable for nominal damages of up to 30,000
 Other causes analogous to the Philippine pesos for just causes or up to 50,000 Philippine
foregoing. pesos for authorised causes.

THE AUTHORISED CAUSES FOR TERMINATION PERSONAL NOTES:

OF CONTRACT ARE: ____________________________________
____________________________________
 Installation of labour-saving devices; ____________________________________
____________________________________
 Redundancy; ____________________________________
____________________________________
 Retrenchment to prevent losses; ____________________________________
____________________________________
 Closure or cessation of business; and
____________________________________
 A disease not curable within six months
____________________________________
as certified by a competent public
authority, and when the continued ____________________________________
employment of the employee is