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.

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 Authorized Cause Procedure.

3. Consequence if no procedural due process

If there is no procedural due process, such as there is no just cause procedure or authorized cause procedure, in the termination or separation from employment of an employee, the employer may be held liable.

If there is no just cause procedure, but there is just cause, the employer may be held liable for illegal dismissal. For more detailed discussions, refer to Illegal Dismissal.

If there is no authorized cause procedure, but there is authorized cause, the employer may be held liable for nominal damages. For more detailed discussions, refer to Nominal Damages.

..

References

1987 Philippine Constitution

Presidential Decree No. 442, a.k.a. Labor Code of the Philippines

DOLE Department Order No. 147, Series of 2015

▪ Jurisprudence or Supreme Court Decisions

Disclaimer: All information is for educational and general information only. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected.

Related content

YouTube Channel

More content

Articles

Right to self-organization

1. Summary ▪ The right to self-organization includes the right to form, join or assist labor organizations for the purpose

VAWC Leave

Summary ▪ The VAWC leave benefits are given to female employees who have experienced violence, including their children, from their

Full backwages

Summary ▪ Full backwages are due to illegally dismissed employees except those who participated in an illegal strike. ▪ It

Principal in Contracting

Summary ▪ Principal is the one who farms out or outsources a job or work in a contracting and subcontracting

Videos

Podcasts

positive black woman talking to radio host

OSHS Compliance

What is Occupational Safety and Health Standards (OSHS) Compliance? Let’s discuss.