Authorized Cause Procedure

Summary

▪ Authorized cause procedure refers to the steps or process of implementing due process in relation to separation from employment.

▪ There are 3 steps in an authorized cause procedure.

▪ Step 1 is the issuance of 30-dav advance notice to DOLE.

▪ Step 2 is the issuance of 30-dav advance notice to the employee.

▪ Step 3 is the payment of separation pay.

1. Concept

Authorized cause procedure refers to the steps or process of implementing due process in relation to separation from employment.

2. Procedure

The following are the steps:

Step 1: Issuance of 30-day advance notice to DOLE

Step 2: Issuance of 30-day advance notice to employee

Step 3: Payment of Separation Pay (subject to an exception)

a. Step 1: Issuance of 30-day advance notice to DOLE

The employer is required to issue a 30-day advance notice to the DOLE Regional Office which has jurisdiction over the establishment. This is usually accomplished through the RKS Form 5.

This advanced notice is designed to give the concerned office an opportunity to confirm/verify the existence of authorized causes by means of either calling for a hearing/conference or an inspection.

b. Step 2: Issuance of 30-day advance notice to employee

The employer is required to issue a 30-day advance notice to the employee informing the latter of the circumstances in relation to his/her being separated from employment due to an authorized cause.

The advanced notice is designed to give th...

 



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