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The Termination Letter Due To Disciplinary Action is a crucial document in Philippine employment law that serves as the final step in the disciplinary process leading to employment termination. It must comply with strict legal requirements under the Labor Code of the Philippines, particularly Article 297 regarding just causes for termination and the twin notice rule established by jurisprudence. This document is used when an employee has committed serious misconduct, willful disobedience, gross and habitual neglect of duties, or other just causes for termination, and after proper due process has been observed. The letter must clearly document the violation, evidence, due process followed, and final decision, serving both as official notification to the employee and as potential evidence in case of future legal proceedings. It should only be issued after the employee has been given a show cause notice and reasonable opportunity to explain their side.

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

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

3. Reference to Previous Communications: Citation of the first notice (show cause letter) date, any meetings or hearings conducted, and employee's response

4. Statement of Violation: Clear description of the specific company policies, rules, or regulations that were violated

5. Facts and Evidence: Detailed account of the incidents or behavior that led to termination, including dates and specific examples

6. Legal Basis: Citation of relevant provisions from the Labor Code of the Philippines (particularly Article 297) justifying the termination

7. Notice of Termination Decision: Clear statement of the decision to terminate employment and its effective date

8. Final Instructions: Instructions regarding the return of company property, final clearance procedures, and collection of final pay

9. Signature Block: Space for authorized signatory (typically HR head or senior management) with complete designation