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.
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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
