Authorized Cause Procedure

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  • P.D. 442, as amended, Supreme Court Decisions, and DOLE Regulations, are the bases for authorized cause procedure.
  • Authorized cause procedure is the steps or process of implementing due process in relation to separation from employment.
  • There are 3 steps in an authorized cause procedure.
  • The first step is the issuance of 30-dav advance notice to DOLE.
  • The first step is the issuance of 30-dav advance notice to the employee.
  • The third step is the payment of separation pay.
  • If there is no authorized cause procedure, the employer may be held liable for illegal dismissal.

Legal basis

The legal basis is the P.D. 442, otherwise known as the Labor Code, Supreme Court Decisions, and DOLE Regulations.

Concept

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

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)

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.

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 the employee the opportunity to start looking for his/her next gainful employment. This is without prejudice to him/her completing the 30-day period for transition and turn-over.

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

The affected employee is entitled to separation pay. This may be given together with his/her final pay or within a reasonable period of time, subject to completion of clearance, turn-over, and other exit documents or procedures.

The separation pay varies depending on the authorized cause. For more detailed discussions, refer to Separation Pay.

Documentation and proof of service

All notices mentioned herein should be properly documented on how it was served.

The notices should be served personally, whenever practicable. This act of service may be proven through a receiving copy or an affidavit of service, in case the employee unjustifiably refuses to sign a receiving copy.

If personal service is not available such as the employee being absent, the notice may be sent to his last known address through mail. This act of service may be proven through the official receipt of the mailing or an affidavit of service on the mailing.

Consequence if no just cause procedure

If there is no authorized cause procedure in the separation of employment, and despite having an authorized cause, the employer may be held liable for illegal dismissal per DO-147.

References

  • 1987 Constitution
  • Presidential Decree No. 442, a.k.a. Labor Code
  • DOLE Department Order No. 147, Series of 2015