Employment termination in Philippines | LegaMart

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QuestionJun 30, 2022 - 6:57

Employment termination in Philippines

To terminate an employment relationship in Philippines, must the employer grant the employee an inquiry to be able to present his case?

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author
Jun 30, 2022 - 7:49

Yes, sir. To afford the employee due process, there must be a notice to him of the specific cause why he is being terminated from employment and an opportunity to present defend himself and present evidence with the assistance of counsel if he so desires. In the Philippines, one's employment is his "property" and under the Constitution, the employee should not be deprived of his property (employment) without due process of law. Should you need more follow up, clarification or assistance, you may reach me at (+639178784730).

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author
Jul 1, 2022 - 9:57

Before terminating an employment, procedural due process requires that the employer must send a notice to explain to the concerned worker, stating the grounds why he should not be meted out the harsh penalty of dismissal from service. If he admits his infraction, then there is no need for an inquiry. However, should the worker deny the charge, an investigation will have to be conducted by the employer and allow the concerned worker to exercise his right to be represented by counsel or anyone else in his defense. It is only after an admission of guilt or a successful investigation where the employer issues a notice of termination, stating the reasons why he/she is being dismissed from service.

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