Termination Letter For Poor Performance Template for Philippines

A formal employment termination document compliant with Philippine labor laws, specifically designed to address cases of poor performance. This document follows the requirements set forth by the Philippine Labor Code and DOLE regulations, including adherence to the twin notice rule and due process requirements. It outlines the specific grounds for termination based on documented poor performance, references previous performance improvement attempts, and details all terminal benefits and obligations. The letter serves as a crucial legal document that protects both employer and employee rights while ensuring compliance with Philippine employment legislation.

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What is a Termination Letter For Poor Performance?

The Termination Letter For Poor Performance is a critical document used in Philippine employment relationships when an employee's performance consistently falls below acceptable standards despite prior warnings and opportunities for improvement. This document must strictly comply with Philippine Labor Code requirements, particularly the twin notice rule which mandates a first written notice detailing the grounds for termination with an opportunity for the employee to respond, followed by a final notice of termination. The letter should document performance deficiencies, reference previous improvement attempts, and specify all terminal benefits as required by law. It serves as essential documentation in case of potential legal challenges and must demonstrate that due process was followed in accordance with DOLE regulations and company policies.

What sections should be included in a Termination Letter For Poor Performance?

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

2. Reference to Previous Communications: Citations of previous performance improvement notices, warnings, and opportunities given to correct performance issues

3. Statement of Termination: Clear statement of employment termination decision with effective date

4. Grounds for Termination: Specific details of poor performance issues, with reference to performance standards and metrics

5. Legal Basis: Citation of relevant provisions of the Labor Code and company policies justifying the termination

6. Terminal Benefits: Detailed list of final pay, benefits, and entitlements due to the employee

7. Company Property Return: List of company properties to be returned and process for handover

8. Closing Statement: Final instructions for exit procedures and signature blocks

What sections are optional to include in a Termination Letter For Poor Performance?

1. Non-Competition Reminder: Include when employee is bound by non-compete agreements

2. Confidentiality Obligations: Include when employee has access to sensitive information

3. Transition Instructions: Include when employee needs to hand over specific duties or projects

4. Certificate of Employment: Include when offering to provide a basic employment certificate

5. Appeal Process: Include when company policy allows for appeals of termination decisions

What schedules should be included in a Termination Letter For Poor Performance?

1. Performance Evaluation History: Chronological list of performance evaluations, warnings, and improvement plans

2. Final Pay Computation: Detailed breakdown of final salary, benefits, and deductions

3. Company Property Checklist: Itemized list of company assets to be returned

4. Exit Interview Form: Standard form for conducting exit interview

5. Clearance Checklist: List of departments from which clearance must be obtained

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

Termination Notice

Cost

Free to use

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