Right to security of tenure, Private Security

1. Concept

Security of tenure –Security guards and other private security personnel shall enjoy security of tenure in their employment as provided by law. Their services can only be terminated for just or authorized causes after due process. (Section 10.1, D.O. No. 150, Series of 2016)

2. Due process

a. Just cause termination

For termination of employment based on just causes as defined in Article 297 (formerly 282) of the Labor Code, as renumbered, the requirement of two written notices served on the employee shall be in accordance with the following:

1) The first written notice should contain:

(a) The specific causes or grounds for termination;

(b) Detailed narration of the facts and circumstances that will serve as basis for the charge against the security guard and other private security personnel. A general description of the charge will not suffice;

(c) The company rule, if any, that is violated and/or the ground under Article 297 (formerly 282) of the Labor Code, as renumbered, that is being charged against the security guard and other private security personnel; and,

(d) A directive that the security guard and other private security personnel is given an opportunity to submit a written explanation within five (5) calendar days from receipt of the first written notice.

2) After serving the first notice, the employer should afford the security guard and other private security personnel ample opportunity to be heard and to defend himsel...

 



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