TERMINATION LETTER

July 13, 2020

To: MR. RENE AGAPITO

(Tireman)

Dear Mr. RENE AGAPITO

This is to advise you that we are FORMALLY terminating your employment

effective __________, 2020

This decision is based on the investigation duly concluded including all the
apprehensions reports stated below that were done with due process and in accord with
the law.

The foregoing acts you committed clearly violated the following:

 SDETI RULES AND REGULATIONS for

ACTS OF INSUBORDINATION , NEGLIGENCE AND DERELICTION OF

DUTY

GRAVE OFFENSES

1. Any form of robbery, theft, pilferage, and misappropriation of

company funds, and/ or stealing from the Company, employees or
customers

 Memorandum against unauthorized/unofficial use of Company

Vehicle

Based on the written explanations that you have submitted dated July 4 and July
06, 2020, respectively, You have failed to overcome the accusations against you, as a
matter of fact during the scheduled conference where you were given the opportunity
to explain your side on the matter, you have directly admitted your guilt from all of
the said accusations being hurled against you.

In the connection, theft of the company property constitutes serous misconduct,

which is a just cause for dismissal under existing provisions of the Labor Code. After
thorough review and discussion of the matter, we find that your behavior was
deliberate, wrongful, unjustified and constitutes serious misconduct.

Consequently, after considering all the facts and the pieces of evidence you
submitted in order to rebut the claim, the company came up with the decision to
terminate your employment on the following ground, to wit:
cc:
Ops/Maintenance/Purchasing/Mktg/Acctg/Treasury/HR Head
HR
Acctg
LEGFORM021.01.Termination Letter. AKHH
 Thus, in accordance with the Labor Code on Just Causes for Terminating an
employee, to wit:

ART. 282 Termination by Employer-

An employer may terminate an employment for any of the following
causes:
 Serious misconduct or willful disobedience by the
employee of the lawful orders of his employer ore
representative in connection with his work;
 Gross and habitual neglect by the employee of his duties.
 Fraud or willful breach by the employee of the trust
reposed in him by his employer or duly authorized
representative.
 Commission of a crime or offense by the employee against
the person of his employer or any immediate member of
his family or his duly authorized representative; and
 Other causes analogous for the foregoing. (italics
supplied for emphasis)

In the case of Reno Foods Inc. vs. Nagkakaisang lakas ng Manggagawa-

Katipunan (G.R. No. 164016, March 15, 2010; the Supreme Court stated that
“theft of company property is a serious misconduct.” Thus, commission of the crime
of theft amounts to serious misconduct, which gives you a ground to terminate
your employee under Section 297 of the Labor Code that provides that “an
employer may terminate an employee for serious misconduct.”

Thus, for misconduct or improper behavior to be a just for cause for

dismissal, it envisages the concurrence of at least three requisites:

1. It must be serious,
2. Must relate to the performance of the employee’s duties; and
3. Must show that the employee has become unfit to continue working
for the employer.

It cannot be denied that all of the aforesaid requisites are present in the given
case.

In view of the foregoing, you are hereby informed that your employment of the
company is terminated effective on __________________. Please comply with the
relevant post-employment requirement of the company by surrendering your
accountabilities to Beth M. Salmorin for the company to process your final salary.

Please be guided accordingly.

Very Truly Yours,

John Jay A. Labrador

Legal Officer
RECEIVED BY:

cc:
Ops/Maintenance/Purchasing/Mktg/Acctg/Treasury/HR Head
HR
Acctg
LEGFORM021.01.Termination Letter. AKHH
 Rene Agapito
(Name and Signature)

DATE: ________________

cc:
Ops/Maintenance/Purchasing/Mktg/Acctg/Treasury/HR Head
HR
Acctg
LEGFORM021.01.Termination Letter. AKHH