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Letter Of Dismissal For Poor Performance Template for Philippines

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Key Requirements PROMPT example:

Letter Of Dismissal For Poor Performance

"I need a Letter of Dismissal for Poor Performance for a sales representative in our retail company who has consistently failed to meet quarterly targets for the past year, with the termination to be effective March 15, 2025; we have documentation of three formal warnings and a failed performance improvement plan."

Document background
The Letter of Dismissal for Poor Performance is a crucial document in Philippine employment law that must be carefully crafted to ensure legal compliance and protect both employer and employee rights. It is used when an employee has demonstrated consistent performance issues despite previous warnings and opportunities for improvement. The document must follow strict requirements under the Labor Code of the Philippines, including proper citation of specific infractions, reference to previous warnings, and clear documentation of the performance improvement process. It should be issued only after following the two-notice rule and providing due process as required by DOLE regulations. The letter serves as official documentation of the termination decision and may be scrutinized in potential legal proceedings, making it essential to include all relevant details and follow proper procedures.
Suggested Sections

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

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

3. Opening Statement: Reference to previous performance improvement discussions and warnings

4. Specific Performance Issues: Detailed description of performance deficiencies with specific instances, dates, and impact

5. Prior Interventions: Summary of previous warnings, coaching sessions, and opportunities given for improvement

6. Legal Basis: Citation of relevant provisions from Labor Code and company policies justifying the termination

7. Termination Decision: Clear statement of the decision to terminate employment

8. Effective Date: Specification of the last day of employment

9. Final Instructions: Information about final clearance, return of company property, and final pay

10. Closing: Formal closing, signature block for authorized company representative

Optional Sections

1. Severance Package Details: Include when the company is offering separation pay or benefits beyond legal requirements

2. Non-Compete Reminder: Include when employee is bound by existing non-compete agreements

3. Appeal Process: Include when company policy allows for internal appeal of termination decision

4. Certificate of Employment: Include when providing immediate confirmation of employment history

5. Health Insurance Continuation: Include when there are specific arrangements for transitioning health benefits

Suggested Schedules

1. Performance Evaluation Records: Copies of relevant performance evaluations and assessments

2. Warning Letters: Copies of all previous warning letters and performance improvement notices

3. Meeting Minutes: Documentation of performance review meetings and coaching sessions

4. Performance Improvement Plan: Copy of any formal Performance Improvement Plan (PIP) and progress reports

5. Acknowledgment Form: Form for employee to acknowledge receipt of termination letter

Authors

Alex Denne

Head of Growth (Open Source Law) @ 抖阴短视频 | 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

Professional Services

Telecommunications

Construction

Hospitality

Business Process Outsourcing

Transportation and Logistics

Real Estate

Energy and Utilities

Mining and Natural Resources

Relevant Teams

Human Resources

Legal

Compliance

Senior Management

Operations

Employee Relations

Personnel Administration

Industrial Relations

Corporate Services

Risk Management

Relevant Roles

Human Resources Manager

HR Director

Legal Counsel

Department Manager

Operations Manager

Chief Executive Officer

Managing Director

HR Business Partner

Employee Relations Manager

Personnel Manager

Compliance Officer

HR Administrator

Chief Human Resources Officer

Line Manager

Senior Manager

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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