The Immediate Dismissal Letter is a crucial document in Philippine employment law that must be carefully drafted to ensure legal compliance and protect both employer and employee rights. It is used when an employee has committed serious misconduct, willful disobedience, gross negligence, or other just causes as defined in Article 297 of the Philippine Labor Code. The document must demonstrate adherence to procedural due process, including proper notice and opportunity to be heard. It should clearly state the grounds for termination, reference supporting evidence, and outline the immediate effects of the termination. The letter serves as a vital record in case of potential labor disputes and must conform to the requirements set by the Department of Labor and Employment (DOLE) and relevant jurisprudence.
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1. Letter Header: Company letterhead, date, and formal addressing to the employee including their full name, position, and department
2. Subject Line: Clear indication that this is a Notice of Immediate Termination
3. Statement of Termination: Direct statement announcing the immediate termination of employment and its effective date
4. Legal Basis: Citation of specific provisions from the Labor Code of the Philippines justifying the termination
5. Detailed Grounds: Specific description of the incident(s), misconduct, or violations that led to the termination
6. Evidence Reference: Reference to supporting documentation, witness statements, or previous warnings that substantiate the grounds for termination
7. Company Property: Instructions regarding the return of company property and security access
8. Final Pay Information: Information about the processing of final pay, benefits, and certificates
9. Closing: Formal closing with signature lines for authorized company representatives
1. Prior Warnings: Include when there have been previous disciplinary actions or warnings issued to the employee
2. Non-Disclosure Reminder: Include when the employee has access to confidential information or trade secrets
3. Non-Compete Clause Reference: Include when the employee's contract contains post-employment restrictions
4. Legal Rights Advisory: Include when there's a need to inform the employee of their right to contest the termination
5. Exit Interview: Include when the company wishes to schedule an exit interview or final meeting
1. Notice of Violation/Charges: Copy of the previous notice detailing the charges or violations
2. Investigation Findings: Summary of the investigation results and evidence gathered
3. Incident Reports: Copies of relevant incident reports or documentation of violations
4. Previous Warnings: Copies of any previous warning letters or disciplinary actions
5. Clearance Form: Form listing all company properties to be returned and departments to secure clearance from
6. Final Pay Computation: Detailed breakdown of final pay, including any deductions or outstanding obligations
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