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Disciplinary Dismissal Letter Template for Philippines

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Key Requirements PROMPT example:

Disciplinary Dismissal Letter

"I need a Disciplinary Dismissal Letter for an IT manager who has been found sharing confidential client data with competitors after our internal investigation completed on January 15, 2025; the letter needs to emphasize confidentiality breaches and reference our cybersecurity policies."

Document background
The Disciplinary Dismissal Letter is a crucial document in Philippine employment law that formalizes the termination of an employment relationship due to disciplinary reasons. It is used when an employee has committed serious misconduct, willful breach of trust, or other just causes as defined in Article 297 of the Labor Code of the Philippines. The document must demonstrate strict compliance with procedural due process, including the twin notice requirement and providing the employee an opportunity to be heard. This letter represents the culmination of a formal disciplinary process and should reference all prior steps taken, including investigations and previous warnings. It's essential for protecting the company against wrongful termination claims while ensuring the employee's right to due process is respected. The document must be carefully drafted to meet specific requirements under Philippine labor laws and relevant jurisprudence.
Suggested Sections

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

2. Subject Line: Clear indication that this is a Notice of Dismissal

3. Reference to Prior Notices: Citation of previous warning letters, show cause notice, and investigation proceedings

4. Statement of Violation: Clear description of the specific misconduct or cause for termination, with dates and details

5. Legal Basis: Citation of relevant provisions of the Labor Code, company policies, or employment contract that were violated

6. Process Summary: Summary of the investigation process, hearings conducted, and opportunities given to the employee to explain their side

7. Decision and Grounds: Clear statement of the decision to terminate and the specific grounds supporting it

8. Effective Date: Specification of the effective date of termination

9. Final Instructions: Instructions regarding clearance procedures, return of company property, and final pay arrangements

10. Signature Block: Authorized signatory details with position and company name

Optional Sections

1. Reference to Progressive Discipline: Include when there is a history of previous violations and corresponding disciplinary actions

2. Rehabilitation Efforts: Include when the company made attempts to correct the employee's behavior before deciding on dismissal

3. Security Arrangements: Include when special arrangements are needed for the employee's exit from the premises

4. Non-Compete Reminder: Include when the employee is bound by non-compete or confidentiality agreements

5. Appeal Rights: Include when company policy provides for an internal appeal process

Suggested Schedules

1. Previous Warning Letters: Copies of all prior warning letters or disciplinary notices issued to the employee

2. Investigation Report: Summary of the investigation findings and evidence gathered

3. Show Cause Notice: Copy of the initial notice requiring the employee to explain their alleged violation

4. Employee Response: Copy of the employee's written explanation or defense, if any

5. Witness Statements: Relevant witness testimonies or statements gathered during the investigation

6. Company Policies: Relevant excerpts from employee handbook or company policies that were violated

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




















Clauses




















Relevant Industries

Banking and Finance

Information Technology

Manufacturing

Retail

Healthcare

Education

Construction

Business Process Outsourcing

Hospitality

Transportation and Logistics

Professional Services

Telecommunications

Mining and Resources

Agriculture

Public Sector

Relevant Teams

Human Resources

Legal

Compliance

Employee Relations

Industrial Relations

Administration

Executive Leadership

Corporate Governance

Risk Management

Relevant Roles

Human Resources Director

HR Manager

Legal Counsel

Employee Relations Manager

HR Business Partner

Compliance Officer

Department Head

Line Manager

Chief Human Resources Officer

HR Operations Manager

Legal Manager

Industrial Relations Manager

Personnel Manager

Administrative Manager

Chief Executive Officer

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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