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A Dismissal Letter For Misconduct is a critical human resource document used in the Philippines when terminating an employee for serious violations of company policies or misconduct. This document must strictly adhere to Philippine Labor Code requirements and Supreme Court jurisprudence, particularly regarding the mandatory twin-notice rule and due process requirements. It is typically used when an employee has committed serious offenses such as dishonesty, gross negligence, insubordination, or other substantial violations of company policies. The letter should be issued only after proper investigation and documentation of the misconduct, and must include specific details of the violation, reference to relevant policies, opportunity for the employee to respond, and clear statement of the final decision. This document serves both as a legal requirement and as protection for the employer against potential wrongful termination claims.

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 termination for misconduct

3. Introduction: Reference to any previous warnings, investigations, or disciplinary proceedings

4. Details of Misconduct: Specific description of the misconduct with dates, incidents, and how it violates company policies or employment terms

5. Legal Basis: Citation of relevant provisions from the Labor Code and company policies that justify the termination

6. Opportunity for Defense: Statement giving the employee opportunity to explain their side within a specified period (typically 5 working days)

7. Final Notice: Clear statement of termination effective date and implications

8. Company Property Return: Instructions regarding return of company property and final clearance procedures

9. Signature Block: Space for authorized signatory and acknowledgment of receipt by employee