I.
THE REALITY OF LABOR CASES
ON LABOR/EMPLOYEES:
 SENSITIVE/ OPPORTUNISTIC
DESPERATE FOR QUICK MONEY
 EASILY INFLUENCED / MANIPULATED /
CONSPIRACY WITH OTHERS
 BASELESS ENTITLEMENT / SOCIALIST
MINDSET
ON LABOR COURTS
 LEGAL/FACTUAL DOUBTS IN FAVOR OF
LABOR (SOCIAL JUSTICE
PROTECTIONISM)
 PREJUDICE AGAINST MANAGEMENT
(PRO-LABORER MINDSET)
 HARD AND FAST APPLICATION OF
LABOR STANDARDS
ON MANAGEMENT/EMPLOYERS
 BLATANT/CARELESS DISREGARD TO
LABOR STANDARDS / PROCEDURES
 COMPLAISANT/ENABLING/CASUAL
ATTITUDE ON EMPLOYEE VIOLATIONS
 LACK OF EVIDENTIARY SUPPORT
(ESPECIALLY ON MANAGEMENT)
USUAL OUTCOME: BUSINESS SUFFERS
 PREVENTABLE LABOR COMPLAINTS
 LARGE OUT-OF-COURT SETTLEMENTS
 EXECUTION/ATTACHMENT/GARNISHME
NT OF PROPERTIES
 PAYMENT FOR DAMAGES,
BACKWAGES, ATTORNEY’S FEES
 CLOSURE / BANKRUPTCY
II. INSTALL PREVENTIVE MEASURES
A. CONSENSUAL EMPLOYMENT AGREEMENT
 PROBATIONARY ( With Proper
Evaluation)
 PROJECT BASED / Fixed term (With
DOLE Report) 
 AGENCY HIRED (With Agency Contract
/ of Service)
NOTE: MUST HAVE FUNDAMENTAL EMPLOYEE
INFORMATION (ACKNOWLEDGED/SIGNED)
B. SYSTEMATIC DOCUMENTATION OF
INCIDENTS
ON GENERAL INCIDENTS
 MEMORANDUM / INCIDENT REPORT /
FIRST NOTICE:
NOTE: EVIDENTIARY SUPPORT OF KNOWLEDGE, NOTICE
/ and/or CONSENT. PRIMARILY FOR DOCUMENTARY
EVIDENCE IN CASE OF LABOR SUITS.
NOTE: FUNDAMENTAL PARTS OF MEMO/NOTICE/LETTER
-Date of Memo/Notice/Letter
- RegistryReceipt/ReturnCard
-Subject/Purpose
-Date/Time of Incident
-Important Facts (with evidence if necessary)
-Instruction to submit letter-explanation with
Deadline
-Signature of Recipient
NOTE: Exhaust Resource for evidence (Photos, video,
screenshots, messages, sworn statements) | File Police
Blotter  for crimes/felony
 FORMAL CHARGE and/or NOTICE OF
SUSPENSION PENDING INVESTIGATION
(15DAYS ONLY)
NOTE: Must have Investigation Report with evidentiary
support at the end of the 15-day suspension
POST ADMINISTRATIVE INVESTIGATION
 OPTION TO RESIGN
NOTE: Must have handwritten resignation letter and
other evidence (Photo, video, sworn statements of
acceptance)
FULL  NOTICE OF TERMINATION WITHOUT
MONETARY SUPPORT
NOTE: SEND VIA REGISTERED MAIL IF NOT ACCEPTED OR
SIGNED.
 NOTICE OF TERMINATION WITH
MONETARY SUPPORT / QUITCLAIM
NOTE: Must have handwritten quitclaim/waiver, signed
voucher, and other evidence (Photo, video, sworn
statements of acceptance)
 IN CRIMES: POLICE BLOTTER
COMPLAINT
OTHER FORMS OF DOCUMENTATION:
1. Detailed Logbook
2. Manager/Supervisory Daily Endorsement
3. Evaluation Report
4. Quality Control Report
5. NOTICE OF AWOL
6. RETURN TO WORK ORDER
III. DISCONTINUING EMPLOYMENT
DISMISSAL
 An employee may only be dismissed if
there is a just or authorised cause for
the dismissal.
 This policy is anchored on the principle
of the security of tenure of employees,
which is not only statutorily provided
but is constitutionally enshrined.
THE JUST CAUSES FOR TERMINATION ARE:
 Serious misconduct or wilful
disobedience;
 Gross and habitual neglect of duties;
 Fraud or wilful breach of trust;
 Loss of confidence;
 Commission of a crime or offence by
the employee against his or her
employer, the employer's immediate
family or his or her duly authorised
representatives; and
 Other causes analogous to the
foregoing.
THE AUTHORISED CAUSES FOR TERMINATION
OF CONTRACT ARE:
 Installation of labour-saving devices;
 Redundancy;
 Retrenchment to prevent losses;
 Closure or cessation of business; and
 A disease not curable within six months
as certified by a competent public
authority, and when the continued
employment of the employee is
prejudicial to his or her health or to the
health of his or her colleagues.
The cause of dismissal determines which
/
procedure must be followed prior to the
dismissal.
IV. PROCEDURAL DUE PROCESS
FOR JUST CAUSES, AN EMPLOYER MUST:
1. Serve the employee with a written
notice containing the specific causes or
grounds of termination against him or
her, and giving him or her an
opportunity to provide an explanation,
within at least five calendar days of
receiving notice to clarify his or her
defence;
2. Conduct a hearing or conference to
allow the employee to explain his or her
defences, present evidence and rebut
the evidence presented against him or
her;
3. Serve the employee with a written
notice of termination indicating that all
circumstances involving the charge
against him or her have been
considered as well as the grounds to
justify the severance of his or her
employment.
NOTE: Severance pay is not required for JUST CAUSE
DISMISSALS but may be granted in exceptional
circumstances.
NOTE: Failure to comply with the procedural
requirements shall not invalidate a dismissal where just
or authorised causes exist. However, an erring employer
may be held liable for nominal damages of up to 30,000
Philippine pesos for just causes or up to 50,000 Philippine
pesos for authorised causes.
PERSONAL NOTES:
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