The Termination Letter Due To Drug Use is a crucial document used in Philippine workplace settings when ending employment based on confirmed drug use. It must comply with the Labor Code of the Philippines, the Comprehensive Dangerous Drugs Act (RA 9165), and related DOLE regulations. The document is utilized following positive drug test results and completion of due process requirements, including investigation, show-cause notice, and administrative hearing. It should reference specific violations of company drug policies, detail the investigation process, and clearly state the grounds for termination. The letter must demonstrate compliance with both substantive and procedural due process requirements under Philippine law, making it legally defensible in case of disputes. This document type is particularly important given the Philippine government's strict stance on drug use and the mandatory implementation of drug-free workplace policies.
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1. Letter Header: Company letterhead, date, reference number, and formal addressing of the employee including their full name, position, and department
2. Subject Line: Clear indication that this is a Notice of Termination of Employment
3. Opening Statement: Direct statement of termination decision with reference to previous communications and investigations
4. Grounds for Termination: Specific details of the drug-related violation, including dates, incidents, and reference to company policies violated
5. Due Process Summary: Summary of the steps taken (investigation, show cause notice, hearing/meeting) leading to this decision
6. Legal Basis: Citation of relevant provisions from Labor Code, company policies, and other applicable laws
7. Effective Date: Clear statement of when the termination takes effect
8. Final Instructions: Instructions regarding final clearance, return of company property, and collection of final pay
9. Closing: Formal closing, signature block for authorized company representative
1. Rehabilitation Program Reference: Include when company policy or collective bargaining agreement provides for rehabilitation options
2. Benefits Information: Include when there are specific benefits or compensations that need to be addressed
3. Non-Disclosure Reminder: Include when employee had access to confidential information
4. Appeal Process: Include when company policy provides for an appeal mechanism
5. Security Arrangements: Include when special arrangements are needed for the employee's exit
6. Certificate of Employment: Include when addressing the availability or request process for employment certificates
1. Drug Test Results: Copies of official drug test results from accredited testing centers
2. Investigation Report: Summary of the investigation findings and proceedings
3. Prior Warnings: Copies of any previous warnings or notices related to the case
4. Show Cause Notice: Copy of the show cause notice issued and employee's response
5. Hearing Minutes: Documentation of administrative proceedings or hearings conducted
6. Company Policies: Relevant excerpts from employee handbook and drug-free workplace policy
7. Acknowledgment Form: Form for employee to acknowledge receipt of termination letter
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