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Procedural Due Process

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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.

Legal basis

The legal basis is the P.D. 442, otherwise known as the Labor Code, which implemented the constitutional provision on security of tenure.

Concept

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

Divided into two: just cause procedure and authorized cause procedure

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

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.

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.

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 Constitution
  • Presidential Decree No. 442, a.k.a. Labor Code
  • DOLE Department Order No. 147, Series of 2015
  • Jurisprudence or Supreme Court Decisions
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