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Letter To Employee For Not Serving Notice Period Template for Philippines

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Key Requirements PROMPT example:

Letter To Employee For Not Serving Notice Period

"I need to draft a Letter To Employee For Not Serving Notice Period for a software developer who resigned on January 15, 2025, and immediately stopped coming to work, despite having a 30-day notice requirement; we need to recover one month's salary as per our employment contract."

Document background
The Letter To Employee For Not Serving Notice Period is a crucial document used when an employee departs from an organization without fulfilling their contractual notice period obligations under Philippine law. This document is typically issued when an employee either stops reporting to work before their notice period ends or fails to provide the required notice before resignation. It serves multiple purposes: documenting the breach of contract, outlining any financial implications such as salary deductions or recovery of training costs, and establishing a formal record for potential legal proceedings. The letter must comply with Philippine Labor Code requirements while protecting the employer's interests. It's particularly important in industries with high employee turnover or where intellectual property and client relationships are crucial. The document should be drafted with input from HR and legal departments to ensure all necessary elements are included and properly documented.
Suggested Sections

1. Letter Header: Company letterhead, date, reference number, and employee's contact details

2. Subject Line: Clear indication that this letter concerns failure to serve notice period

3. Opening Statement: Reference to the employee's resignation and the agreed notice period

4. Facts and Timeline: Specific dates of resignation submission and actual last day worked, compared to required notice period

5. Notice Period Breach: Clear statement of how the employee failed to comply with the notice period requirement

6. Legal Basis: Reference to relevant employment contract clauses and Philippine Labor Code provisions

7. Consequences: Details of the implications of not serving the notice period

8. Required Actions: Any specific actions required from the employee

9. Closing: Professional closing statement and signature block

Optional Sections

1. Financial Implications: Include when there are salary deductions or financial penalties as per contract

2. Training Cost Recovery: Include when the company needs to recover training costs as per employment agreement

3. Project Impact Statement: Include when there is significant impact on specific projects or operations

4. Legal Remedies: Include when the company intends to pursue legal action

5. Certificate of Employment Status: Include when addressing how this affects the issuance of employment certificates

Suggested Schedules

1. Copy of Resignation Letter: Attachment of the employee's original resignation letter

2. Employment Contract Extract: Relevant sections of the employment contract regarding notice period

3. Calculation of Penalties: If applicable, detailed calculation of any financial penalties or deductions

4. Handover Status Report: Documentation of incomplete handover items or pending work

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

Information Technology

Banking and Finance

Manufacturing

Retail

Healthcare

Education

Business Process Outsourcing

Telecommunications

Construction

Professional Services

Hospitality

Mining and Resources

Media and Entertainment

Logistics and Transportation

Relevant Teams

Human Resources

Legal

Compliance

Employee Relations

Personnel Administration

Corporate Affairs

Management

Operations

Relevant Roles

HR Manager

HR Director

Legal Counsel

HR Business Partner

Employee Relations Manager

HR Operations Manager

Compliance Officer

Department Manager

HR Administrator

Legal Manager

Chief Human Resources Officer

HR Specialist

Personnel 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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