PROCEDURE IN TERMINATION OF EMPLOYMENT In cases of regular employees, the employer shall not terminate the services of an employee except

for a just cause or when authorized by this Title. An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary e uivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement.

An employer may terminate an employment for any of the following causes! a. "erious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work# b. $ross and habitual neglect by the employee of his duties# c. %raud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative# d. &ommission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives# and e. 'ther causes analogous to the foregoing such but not limited to as violation of company rules and regulation, inefficiency, failure to attain work uota.

In case an employee is found to have committed any of the foregoing for which the penalty of dismissal is warranted. The employee shall be served with a written notice to explain, specifying the causes or grounds for termination, against him. The notice should contain a detailed narration of the facts and circumstances that will serve as basis for the charge against the employees. A general description of the charge will not suffice. The notice shall also specifically mention which company rules, if any, are violated and(or which among the grounds is being charged against the employee. It must specify the penalty for the charge. The notice must also state that the dismissal of the employee is being sought, in case this may be the case. It must inform the employee outright that an investigation will be conducted on the charges specified therein. )otice to explain shall be served upon the employee by delivering to him in person or by sending it to him through registered mail in at his last known address

contained in his personal date sheet or any personnel filed containing his last known address. *roof of receipt of notice must be shown. The employee must be re uired to affix his signature above his printed name on the copy of the )otice. If the employee refused to receive the same, the notice shall be sent to his last known address through registered mail. The employee shall be re uired to submit a written explanation within a period of five +,- calendar days from receipt of the first notice. After receipt by the management of the written explanation of the employee, the management may upon its discretion preventively suspend the employee for a period not exceeding thirty days +./- days without pay if his presence in the company poses a serious or imminent threat to the life or property of the employer or of his co0employees, or his presence will likely influence and endanger the conduct of investigation. After serving the first notice, the employer may in its discretion likewise, if deem necessary, schedule and conduct a hearing/conference wherein the employee will be given the opportunity to explain further and clarify his defenses to the charge(s against him. The employee may present evidences in support of his defense and may rebut the evidence presented against him by the management. 1uring the conference, the employee shall be given the chance to defend himself personally, with the assistance of a representative or counsel of his choice. The conference or hearing may also be used by the parties as an opportunity to come to an amicable settlement. In the actual imposition by the employer of penalties on the erring employee, due consideration must be given to their length of service and the number of violations they have committed during their employ. These past violations may however only be used as justification to dismiss an employee for subse uent similar or related offense. *ast infractions for which the employee has already explained but without the employer taking any action thereon or those which had already been penalized cannot again be cited for the present offense as grounds for dismissal. &onviction in a criminal proceeding for the same act complained of as basis for the termination of employment is not necessary After determining that termination of employment is justified, the employers shall serve the employees a written notice of termination indicating all circumstances involving the charge(s against the employees have been considered and the grounds have been established to justify the severance of his employment.

The employer may also terminate the employment of any employee due to the installation of labor0saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the provisions of the 2abor &ode, by serving a written notice on the workers and the 1epartment of 2abor and 3mployment at least one +4- month before the intended date thereof. In case of termination due to the installation of labor0saving devices or redundancy, the worker affected thereby shall be entitled to a separation pay e uivalent to at least his one +4- month pay or to at least one +4- month pay for every year of service, whichever is higher. In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be e uivalent to one +4- month pay or at least one0half +4(5month pay for every year of service, whichever is higher. A fraction of at least six +6months shall be considered one +4- whole year. An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co0employees! *rovided, That he is paid separation pay e uivalent to at least one +4- month salary or to one0half +4(5month salary for every year of service, whichever is greater, a fraction of at least six +6months being considered as one +4- whole year.

An employee may terminate without just cause the employee0employer relationship by serving a written notice on the employer at least one +4- month in advance. The employer upon whom no such notice was served may hold the employee liable for damages. An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes! 4. "erious insult by the employer or his representative on the honor and person of the employee# 5. Inhuman and unbearable treatment accorded the employee by the employer or his representative#

.. &ommission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family# and

7. 'ther causes analogous to any of the foregoing.

In case of probationary employment, the length of probation shall be for a period of 888 month or as indicated in the employment contract. The employer shall evaluate the employee9s performance during the probationary period which shall be made by his immediate supervisor in writing, every two +5- months from the commencement of her probationary employment. The parameters upon which the evaluation shall be made shall focus on the aspects stated in each individual contract. If the employee fails to ualify with the foregoing standards for regular employment, made known to him prior to her employment, the employer may terminate her services by giving her appropriate notice in writing prior to the end of the probationary period. The probationary status of the employee may also be terminated on the basis of any just causes, provided that, the employee shall be given due process. An employee shall be given at least five +,- days within which to answer the first )otice re uiring his to explain any acts or omissions constituting just cause for terminating his probationary employment. :pon submission of such answer and after appropriate investigation is conducted, and the employee concerned is adjudged liable for such acts or omission, a second )otice shall be served upon him informing him of the employer9s decision to terminate his probationary employment. If the employee is made to suffer to work after the probationary period, she shall be considered a regular employee, entitled to such rights and benefits provided for under the 2abor &ode of the *hilippines.