Document background
The Gross Misconduct Dismissal Letter is a crucial document in Philippine employment law that must be carefully drafted to ensure legal compliance and protect both employer and employee rights. It is used when an employee has committed serious misconduct warranting immediate termination, such as fraud, theft, violence, or severe violations of company policies. The document must comply with Article 297 of the Labor Code of the Philippines and follow the "twin notice rule" established by jurisprudence. It should be issued only after a proper investigation has been conducted and the employee has been given an opportunity to explain their side. The letter must clearly state the grounds for termination, reference relevant policies or laws violated, and provide clear instructions regarding final settlement and company property return. This document is particularly important as improper termination procedures can lead to claims of illegal dismissal under Philippine law.
