DO No.

9 Series of 1997

RULEXXIII

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TERMINATION OF EMPLOYMENT
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Section 1. Security of tenure. -(a) In cases of regular employment,
the employer shall not terminate the services of an employee except
for just or authorized causes as provided by law, and subject to the
requirements of due process.

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(b) The foregoing shall also apply in cases of probationary
employment; provided, however, that in such cases, termination of
employment due to failure of the employee to qualify in accordance
with the standard of the employer made known to the former at the
time of engagement may also be a ground for termination of
employment.

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(c) In cases of project employment or employment covered by
legitimate contracting or subcontracting arrangements, no employee
shall be dismissed prior to the completion of the project or phase
thereof for which the employee was engaged, or prior to the
expiration of the contract between the principal and contractor,
unless the dismissal is for just or authorized cause subject to the
requirements of due process or prior notice, or is brought about by
the completion of the phase of the project or contract for which the
employee was engaged.

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Section 2.Standards of due process; requirements of notice. - In all
cases of termination of employment, the following standards of due
process shall be substantially observed:
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I.For termination of employment based on just causes as defined in
Article 282 of the Code:
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(a)A written notice served on the employee specifying the ground or
grounds for termination, and giving to said employee reasonable
opportunity within which to explain his side;

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(b) A hearing or conference during which the employee concerned,
with the assistance of counsel if the employee so desires, is given
opportunity to respond to the charge, present his evidence or rebut
the evidence presented against him; and

(c) A written notice of termination served on the employee

indicating that upon due consideration of all the circumstances,
grounds have been established to justify his termination.

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In case of termination, the foregoing notices shall be served on the
employee’s last known address.

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II.For termination of employment as based on authorized causes
defined in Article 283 of the Code, the requirements of due process
shall be deemed complied with upon service of a written notice to
the employee and the appropriate Regional Office of the
Departmentat least thirty days before the effectivity of the
termination, specifying the ground or grounds for termination.

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III.If the termination is brought about by the completion of the
contract or phase thereof, no prior notice is required.If the
termination is brought about by the failure of an employee to meet
the standards of the employer in the case of probationary
employment, it shall be sufficient that a written notice is served the
employee within a reasonable time from the effective date of
termination.

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Section3. Right to contest dismissal. - Any decision taken by the
employer shall be without prejudice to the right of the worker to
contest the validity or legality of his dismissal by filing a complaint
with the Regional Branch of the Commission.

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Section4. Period to decide. - Cases involving the dismissal of a
worker shall be decided by the Labor Arbiter within twenty
(20)working days from the date of submission of such cases for
decision.

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Section5. Reinstatement pending hearing. - The Secretary may
suspend the effects of the termination pending resolutionof the case
in the event of a prima facie finding that the termination may cause
a serious labor dispute or is in implementation of a mass lay-off.

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Section6. Certification of employment. - A dismissed worker shall be
entitled to receive, on request, a certificate from the employer
specifying the dates of his engagement and termination of his
employment and the type or types of work on which he is employed.

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Section7.Report of dismissal. - The employer shall submit a monthly
report to the Regional Office having jurisdiction over the place of
work all dismissals effected by it during the month, specifying
therein the names of the dismissed workers, the reasons for their
dismissal, the dates of commencement and termination of
employment, the positions last held by them and such other
information as may be required by the Department for policy
guidance and statistical purposes.

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Section 8.Preventive suspension. - The employer may place the
worker concerned under preventive suspension if his continued
employment poses a serious and imminent threat to the life or
property of the employer or of his co-workers.

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Section9.Period of suspension. - No preventive suspension shall last
longer than thirty (30) days.The employer shall thereafter reinstate
the worker in his former or in a substantially equivalent position or
the employer may extend the period of suspension provided that
during the period of extension, he pays the wages and other benefits
due to the worker.In such case, the worker shall not be bound to
reimburse the amount paid to him during the extension if the
employer decides, after completion of the hearing, to dismiss the
worker.

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RULEXXIV

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EXECUTION OF DECISIONS, AWARDS, OR ORDERS
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Section 1. Finality of decisions. - Unlessotherwise specifically
provided for in this Book, the decision of the Secretary, Commission,
the Bureau or Regional Director,theLaborArbiter,theMed-Arbiteror
the Voluntary Arbitrator shall be final and executory after ten (10)
calendar days from receipt thereof by the parties.

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Section 2. Execution of decisions, orders or awards. - (a) The
Secretaryorthe Bureau or Regional Director, the Labor Arbiter, the
Med-Arbiter or Voluntary Arbitrator may, upon his own initiative or
on motion of any interested party, issue a writ of execution on a
judgment within five (5) years from the date it becomes final and
executory, requiring the Sheriff or the duly deputized officer to
execute or enforce their respective final decisions, orders and
awards.

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(b) The Secretary and the Chairman of the Commission may
designate special sheriffs and take any measure under existing laws
to ensure compliance with their decisions, orders or awards and
those of the Labor Arbiters and voluntary arbitrators, including the
imposition of administrative fines, which shall not be less than five
hundred (P 500.00) pesos nor more than ten thousand (P10,000.00)
pesos.

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(c) Alternatively, the Secretary, the Commission, any Labor Arbiter,
the Regional Director or the Director of the Bureau of Labor
Relations in appropriate cases may deputize the Philippine National
Police or any law enforcement agencies in the enforcement of final
awards, orders or decisions.