Being dismissed: the Twin-Notice Rule

The two written notices and the hearing an employer must give before dismissing you for cause.

Labor Code, Art. 297; Omnibus Rules, Book VI2deadlines to watch

Who this is for: Employees facing dismissal for misconduct or another just cause, and employers who need to run the process correctly.

Step by step

1First notice — the chargeA written notice stating the specific acts you are accused of, not just the rule you supposedly broke. A vague notice is defective.You must get at least 5 calendar days to answer in writing.
2Your written explanationAnswer in writing within the period given. Keep a copy and proof that you submitted it.
3Administrative hearingA real opportunity to be heard, where you can present evidence and bring a representative or counsel. It cannot be a formality.
4Second notice — the decisionA written decision setting out the facts found and the grounds relied on. "Your services are terminated effective immediately" with no reasoning is not enough.
5If the process was skippedEven where the cause is genuine, skipping the notices makes the dismissal procedurally defective and entitles you to nominal damages. Where the cause itself is not proven, the dismissal is illegal and reinstatement with backwages follows.Illegal dismissal complaints are filed with the NLRC within 4 years.

Not legal advice

Pangkalahatang impormasyon lamang ito para sa edukasyon — hindi ito legal advice, at hindi ito sinuri ng abogado. Sinikap naming tama ito ayon sa batas na binanggit, pero para sa sarili mong kaso, kumonsulta sa abogado o sa Public Attorney's Office (PAO).

The whole process

Drawing diagram…

Watch out for

Being asked to resign, or being told to "just go on leave indefinitely", can amount to constructive dismissal. Do not sign a resignation letter you did not write.
A quitclaim signed under pressure does not automatically bar a complaint, but it makes one harder. Read before signing.