Letter Of Retrenchment for Philippines

Letter Of Retrenchment Template for Philippines

A Letter of Retrenchment is a formal document used in the Philippines to terminate employment due to business necessity, economic downturn, or organizational restructuring. This document must comply with Philippine Labor Code requirements, particularly Article 298, which mandates a 30-day notice period and appropriate separation benefits. The letter includes detailed justification for the retrenchment, computation of separation pay, and other statutory benefits. It serves as an official record of the termination process and must be filed with the Department of Labor and Employment (DOLE) to ensure compliance with Philippine labor laws.

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What is a Letter Of Retrenchment?

The Letter of Retrenchment is a crucial document in Philippine employment law, used when companies need to reduce their workforce due to financial losses, business downturn, or organizational restructuring. This document must strictly comply with the Labor Code of the Philippines and DOLE regulations, which require proper notice periods, justification, and separation benefits. When implementing retrenchment, employers must demonstrate that it is a measure of last resort and that they have applied fair selection criteria for affected employees. The Letter of Retrenchment must be issued at least 30 days before the effective date of termination and should include comprehensive details about separation benefits, final pay computation, and clearance procedures. It serves as both a legal notice and a formal communication tool, protecting both employer and employee interests during the workforce reduction process.

What sections should be included in a Letter Of Retrenchment?

1. Letter Header: Company letterhead, date, and formal addressing to the employee including their name, position, and department

2. Subject Line: Clear indication that this is a Notice of Retrenchment

3. Opening Statement: Professional and direct statement indicating the purpose of the letter

4. Business Justification: Clear explanation of the economic or business circumstances necessitating the retrenchment

5. Notice Period: Specification of the 30-day notice period and the effective date of retrenchment

6. Separation Benefits: Detailed breakdown of separation pay and other benefits as required by law

7. Return of Company Property: Instructions regarding the return of company assets and documents

8. Final Clearance Process: Overview of the clearance procedure and final administrative requirements

9. Expression of Gratitude: Acknowledgment of the employee's service and contribution

10. Closing and Signatures: Formal closing, space for authorized signatory and acknowledgment receipt by employee

What sections are optional to include in a Letter Of Retrenchment?

1. Transition Plan: Details of knowledge transfer and handover procedures, if applicable

2. Outplacement Support: Information about any career transition assistance or job search support being offered

3. Non-Disclosure Reminder: Reminder of continuing obligations regarding confidentiality, if applicable

4. Appeal Process: Information about any internal appeal procedures available to the employee

5. Reference Letter Offer: Mention of the company's willingness to provide employment references

What schedules should be included in a Letter Of Retrenchment?

1. Computation of Separation Benefits: Detailed calculation of separation pay, pro-rated 13th month pay, and other monetary benefits

2. Clearance Checklist: List of departments from which clearance must be obtained and items to be returned

3. Summary of Outstanding Benefits: List of any accrued but unused vacation leave, overtime pay, or other benefits to be paid out

4. Employee Acknowledgment Form: Form for the employee to sign acknowledging receipt of the retrenchment notice

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Genie AI

Document Type

Termination Letter

Cost

Free to use
Relevant Industries

Manufacturing

Technology

Financial Services

Retail

Healthcare

Construction

Education

Hospitality

Mining

Transportation

Business Process Outsourcing

Telecommunications

Energy

Agriculture

Real Estate

Relevant Teams

Human Resources

Legal

Compliance

Executive Leadership

Finance

Employee Relations

Corporate Communications

Administrative Services

Payroll

Operations

Relevant Roles

Human Resources Manager

Legal Counsel

Compliance Officer

HR Director

Chief Human Resources Officer

Employee Relations Manager

HR Business Partner

Labor Relations Specialist

Corporate Secretary

Chief Executive Officer

Chief Financial Officer

Department Heads

Line Managers

HR Operations Manager

Compensation and Benefits Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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