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Pre Termination Notice Template for Philippines

A Pre-Termination Notice is a formal document required under Philippine labor law that serves as an initial written notice to an employee regarding potential employment termination. This document, mandated by the Labor Code of the Philippines and regulated by the Department of Labor and Employment (DOLE), is part of the due process requirement in employment termination cases. It outlines specific grounds for potential termination, requests the employee's written explanation, and typically includes details about any administrative hearing or conference. The notice must comply with Philippine legislative requirements, including the two-notice rule, and forms a crucial part of ensuring procedural due process in employment termination.

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What is a Pre Termination Notice?

The Pre-Termination Notice is a critical document in Philippine employment law, serving as the first step in the formal termination process. It is required whenever an employer contemplates terminating an employee for just or authorized causes under the Labor Code of the Philippines. The document must be issued in compliance with the two-notice rule established by Philippine jurisprudence and DOLE regulations. A valid Pre-Termination Notice must clearly state the grounds for potential termination, provide the employee with a reasonable opportunity to explain their side (typically 5 working days), and inform them of any administrative hearing or conference. This notice is essential for ensuring due process and protecting both employer and employee rights under Philippine labor laws. The document's format and content must meet specific legal requirements to be considered valid and prevent claims of illegal dismissal.

What sections should be included in a Pre Termination Notice?

1. Letter Header: Complete contact information of the employer/company, including registered address and date

2. Recipient Details: Employee's complete name, position, and department

3. Subject Line: Clear indication that this is a Notice of Pre-Termination/Notice to Explain

4. Opening Statement: Formal introduction stating the purpose of the notice and reference to relevant company policies or regulations

5. Grounds for Potential Termination: Detailed description of the specific acts, omissions, or circumstances that form the basis for potential termination

6. Specific Incidents: Dates, times, and detailed accounts of relevant incidents or performance issues

7. Request for Explanation: Formal request for the employee to submit a written explanation within a reasonable period (typically 5 working days)

8. Administrative Leave Notice: If applicable, information about preventive suspension or administrative leave during the investigation

9. Hearing/Conference Details: Information about the scheduled administrative hearing or conference

10. Closing Statement: Summary of next steps and consequences of failing to respond

11. Signature Block: Name, position, and signature of the authorized company representative

What sections are optional to include in a Pre Termination Notice?

1. Previous Warnings: Include when there have been prior documented warnings or disciplinary actions

2. Company Policy Citations: Include specific references to company policies, employee handbook, or code of conduct when relevant

3. Performance History: Include when termination is related to poor performance, citing specific evaluation periods and metrics

4. Union Representative Notice: Include when the employee is a union member and union notification is required

5. Benefits Status: Include when there's a need to address the status of benefits during the investigation period

What schedules should be included in a Pre Termination Notice?

1. Supporting Documents: Copies of relevant incident reports, performance evaluations, or other documentary evidence

2. Previous Warning Letters: Copies of prior warning letters or disciplinary action notices

3. Company Policies: Relevant excerpts from company policies, employee handbook, or code of conduct

4. Acknowledgment Form: Form for the employee to sign acknowledging receipt of the notice

5. Investigation Reports: If applicable, reports from preliminary investigations or fact-finding activities

Authors

Alex Denne

Advisor @ GenieAI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Philippines

Publisher

GenieAI

Cost

Free to use

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