Dear Atty. Joji,

My best friend worked as an IT developer in a software company for three years. Due to a bad fall, she was forced to take a leave for one week until she recovers. One day, her employer suddenly told her not to come back to work, without giving any reason or prior notice. She was not given separation pay or a chance to explain her side. Can her employer terminate me without notice?

Angelo

☐ ☐ ☐ ☐ ☐

Dear Angelo,

An employer cannot legally terminate an employee without just cause and due process. Under the Labor Code of the Philippines, an employee can only be dismissed for just causes (e.g., serious misconduct, willful disobedience, fraud) or authorized causes (e.g., redundancy, retrenchment). Additionally, procedural due process must be followed: For just causes, the employer must issue a notice to explain, allow the employee to respond, conduct a hearing if necessary, and issue a written decision or the so-called twin notice rule.

The twin notice requirement is to give the employee an opportunity to study the accusation against him, consult a union official or lawyer, gather data and evidence, and decide on his defenses. Further, It should be noted that an employee may be dismissed only if the grounds mentioned in the pre-dismissal notice were the ones cited for termination of employment (Erector Advertising Sign Groups v. Cloma, 2010).

In Solid Development Corporation Workers Association v. Solid Development Corporation, the Supreme Court had the occasion to state:

[W]ell-settled is the dictum that the twin requirements of notice and hearing constitute the essential elements of due process in the dismissal of employees. It is a cardinal rule in our jurisdiction that the employer must furnish the employee with two written notices before the termination of employment can be effected: (1) the first apprises the employee of the particular acts or omissions for which his dismissal is sought; and (2) the second informs the employee of the employer’s decision to dismiss him. The requirement of a hearing, on the other hand, is complied with as long as there was an opportunity to be heard, and not necessarily that an actual hearing was conducted.

Hope this helps.

Atty. Joji Alonso