Notice Of Intent To Terminate Template for Philippines

A Notice of Intent to Terminate is a formal written communication under Philippine labor law that initiates the termination process of an employee's employment. This document serves as the first notice in the mandatory twin notice rule required by Philippine labor regulations. It must detail the specific grounds for the proposed termination, provide the employee with an opportunity to respond, and schedule an administrative hearing. The notice must comply with the Labor Code of the Philippines, relevant DOLE regulations, and jurisprudential requirements to ensure due process is observed and to protect both employer and employee rights.

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What is a Notice Of Intent To Terminate?

The Notice of Intent to Terminate is a crucial document in Philippine employment law that initiates the formal process of employment termination. It serves as the first step in the mandatory twin notice rule, where employers must provide two separate notices before finalizing any termination. This document is required whether the termination is for just cause (such as serious misconduct or willful disobedience) or authorized cause (such as redundancy or retrenchment). The notice must clearly state the grounds for termination, provide specific details of alleged violations or circumstances, and inform the employee of their right to an administrative hearing. It should be carefully drafted to ensure compliance with the Labor Code of the Philippines, DOLE regulations, and relevant jurisprudence to avoid claims of illegal dismissal.

What sections should be included in a Notice Of Intent To Terminate?

1. Letterhead and Date: Company letterhead with complete business address and current date

2. Employee Information: Full name of employee, position/designation, and department

3. Subject Line: Clear indication that this is a Notice of Intent to Terminate Employment

4. Grounds for Termination: Specific details of the offense(s) or reason(s) for intended termination, citing relevant company policies or labor code provisions

5. Factual Circumstances: Detailed description of the incidents or circumstances leading to the intended termination

6. Administrative Due Process: Statement informing the employee of their right to explain their side and attend a formal hearing

7. Response Period: Specific timeframe (typically 5 working days) given to the employee to submit a written explanation

8. Hearing Details: Information about the scheduled administrative hearing including date, time, and venue

9. Closing Statement: Standard closing indicating that this serves as the first written notice as required by law

10. Signature Block: Name and signature of authorized company representative

What sections are optional to include in a Notice Of Intent To Terminate?

1. Previous Violations: Include when there are prior incidents or warnings relevant to the current case

2. Preventive Suspension Notice: Include when the employee is being placed under preventive suspension pending investigation

3. Company Policy References: Include specific references to company policies, employee handbook, or code of conduct when relevant

4. Union Representative Notice: Include if the employee is a union member and entitled to union representation

What schedules should be included in a Notice Of Intent To Terminate?

1. Supporting Documents: Copies of relevant incident reports, witness statements, or other evidence

2. Previous Warning Letters: Copies of prior warning letters or disciplinary actions if applicable

3. Company Policies: Relevant excerpts from company policies or employee handbook

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

Authors

Alex Denne

Advisor @ GenieAI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Philippines

Publisher

GenieAI

Document Type

Notice of Intent

Cost

Free to use

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