Procedural Due Process

Summary

▪ Procedural due process is divided into just cause procedure or authorized cause procedure.

▪ Just cause procedure refers to the process for termination of employment due to just causes.

▪ Authorized cause procedure refers to the process for separation of employment due to authorized causes.

▪ If there is no procedural due process, the employer may be held liable.

1. Concept

Procedural due process refers to the process of termination of employment due to just causes or separation of employment due to authorized causes.

https://www.youtube.com/watch?v=BvL2_uziC04

2. Procedural due process

Procedural due process is divided into two, namely: (a) just cause procedure and (b) authorized cause procedure.

a. Just cause procedure

Just cause procedure refers to the process for termination of employment due to just causes.

The following are the steps:

Step 1: Issuance of 1st Written Notice

Step 2: Observance of Ample Opportunity to Explain

Step 3: Issuance of 2nd Written Notice

For more detailed discussions, refer to Just Cause Procedure.

b. Authorized cause procedure

Authorized cause procedure refers to the process for separation of employment due to authorized causes.

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)

For more detailed discussions, refer to Authori...

 



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