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Disciplinary Hearing Letter Template for Philippines

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Key Requirements PROMPT example:

Disciplinary Hearing Letter

"I need a Disciplinary Hearing Letter for an IT employee who has been accessing unauthorized company data and sharing confidential information with competitors; the hearing needs to be scheduled for January 15, 2025, and we need to emphasize the serious nature of the breach and possible termination."

Document background
The Disciplinary Hearing Letter is a crucial document in Philippine employment law that initiates formal disciplinary proceedings against an employee. It is used when there are allegations of misconduct, policy violations, or performance issues that may warrant disciplinary action. The document must strictly comply with Philippine Labor Code requirements, particularly the principles of due process and the twin notice rule established by jurisprudence. It serves as the first notice in the disciplinary process, providing detailed information about the alleged violations, scheduling the administrative hearing, and informing the employee of their rights. The letter should be carefully drafted to ensure legal compliance and protect both employer and employee interests throughout the disciplinary process.
Suggested Sections

1. Letter Header: Company letterhead, date, employee's name and position, employee ID, department

2. Subject Line: Clear indication that this is a Notice of Administrative Hearing/Investigation

3. Alleged Violation: Detailed description of the incident(s) or violation(s), including dates, times, and specific company policies or rules violated

4. Legal Basis: Citation of relevant company policies, employee handbook provisions, or legal grounds for the disciplinary action

5. Hearing Details: Specific date, time, and venue of the hearing, typically scheduled at least 5 working days from receipt of notice

6. Rights Advisory: Information about the employee's rights during the hearing, including the right to present evidence and witnesses, and to be represented

7. Required Response: Request for written explanation and deadline for submission

8. Potential Consequences: Clear statement of possible disciplinary actions that may result from the hearing

9. Closing: Signature block for HR representative or authorized officer, and acknowledgment receipt section for the employee

Optional Sections

1. Previous Violations: Include if there are prior related incidents or warnings, showing pattern of behavior

2. Preventive Suspension Notice: Include if the employee is placed on preventive suspension pending investigation

3. Witness List: Include if there are specific witnesses who will be called during the hearing

4. Union Representative Notice: Include if the employee is a union member and entitled to union representation

Suggested Schedules

1. Evidence List: Detailed list of documentary or physical evidence to be presented during the hearing

2. Incident Report: Copy of the initial incident report or complaint that triggered the disciplinary action

3. Relevant Company Policies: Copies of specific company policies, codes of conduct, or handbook provisions that were allegedly violated

4. Previous Warning Letters: Copies of any previous warning letters or disciplinary actions if relevant to the current case

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

Manufacturing

Financial Services

Information Technology

Retail

Healthcare

Education

Construction

Hospitality

Transportation

Business Process Outsourcing

Mining

Agriculture

Telecommunications

Professional Services

Government Services

Non-Profit Organizations

Relevant Teams

Human Resources

Legal

Compliance

Employee Relations

Industrial Relations

Senior Management

Department Management

Administration

Relevant Roles

Human Resources Manager

HR Director

Legal Counsel

Employee Relations Manager

HR Business Partner

Compliance Officer

Department Manager

Line Manager

HR Administrator

HR Specialist

Industrial Relations Manager

Labor Relations Officer

HR Operations Manager

Chief Human Resources Officer

HR Coordinator

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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