An employer that wants to dismiss a worker for a just cause — serious misconduct, gross neglect, fraud, breach of trust, a crime against the employer, or the analogous causes the Labor Code permits — has to do more than write a termination letter. The dismissal is only valid if the employer follows a defined procedure: a first written notice that explains the charge in detail, a real opportunity for the worker to answer, and then a second written notice communicating the decision. Skipping any of those steps, or short-cutting the timing, exposes the employer to reinstatement and back-wages even when the just cause itself is real. This page walks through what each notice must say and how the interval in between has to be used.

  1. Identify the just cause under the Labor Code

    Article 282 of the Labor Code lists the just causes on which an employer may terminate: serious misconduct or wilful disobedience of a lawful order in connection with the work; gross and habitual neglect of duties; fraud or wilful breach by the employee of the trust reposed in him; commission of a crime or offence against the employer, the immediate members of the employer's family, or a duly authorised representative; and other causes analogous to the foregoing. The dismissal notice must name the cause and place it in one of these categories. A generic complaint of 'poor performance' is not, by itself, a just cause under Article 282.

    Presidential Decree No. 442, the Labor Code of the Philippines (as originally enacted 1974, amended), Article 282. Read the source →

  2. Serve the first written notice with the specific charge

    Under Section 5 of DOLE Department Order No. 147-15, the first written notice must contain the specific causes or grounds for termination as provided for under Article 297 of the Labor Code, as amended, and any relevant company policies; a detailed narration of the facts and circumstances that will serve as the basis for the charge (a general description of the charge does not suffice); and a directive that the employee is given the opportunity to submit a written explanation within a reasonable period. A 'reasonable period' under the DO is a period of at least five (5) calendar days from receipt of the notice, so that the employee can study the accusation, consult a lawyer or union officer, gather evidence, and decide on the defences.

    DOLE Department Order No. 147-15 — Amending the Implementing Rules and Regulations of Book VI of the Labor Code (Termination of Employment) (2015), Section 5. Read the source →

  3. Give the employee ample opportunity to be heard

    After serving the first notice, the employer must afford the employee ample opportunity to be heard and to defend himself, with the assistance of a representative if the employee so desires. Under Section 5 of DOLE Department Order No. 147-15, 'ample opportunity to be heard' means any meaningful opportunity — verbal or written — to answer the charges and submit evidence. A formal hearing is not always required: a written explanation is often enough. A hearing does become mandatory when the employee requests one in writing, when substantial evidentiary disputes exist, when a company rule or CBA requires one, or when circumstances otherwise justify it.

    DOLE Department Order No. 147-15 — Amending the Implementing Rules and Regulations of Book VI of the Labor Code (Termination of Employment) (2015), Section 5. Read the source →

  4. Weigh the explanation and, if the ground stands, issue the notice of decision

    Under Section 5 of DOLE Department Order No. 147-15, after the employer considers the written or oral defence, a second written notice — the notice of termination — is served, indicating that all circumstances involving the charge have been considered and grounds have been established to justify the severance of employment. The second notice must be dated after the employee's opportunity to be heard has been given and must state the basis of the decision. If the employer decides not to dismiss, the same process is closed with a written record of the outcome.

    DOLE Department Order No. 147-15 — Amending the Implementing Rules and Regulations of Book VI of the Labor Code (Termination of Employment) (2015), Section 5. Read the source →

  5. If the dispute continues, both sides face mandatory conciliation-mediation

    Under Section 8 of DOLE Department Order No. 147-15, all disputes arising out of termination of employment shall be subject to mandatory conciliation-mediation pursuant to Republic Act No. 10396 and its implementing rules. A Request for Assistance from the dismissed worker goes to the Single Entry Assistance Desk Officer at the Regional, Provincial or Field Office of DOLE. Only if that channel fails does the case move to the labor arbiter. Employers who dismiss without the two-notice procedure do not escape this route by disputing the fact of dismissal — the conciliation desk still receives the case.

    DOLE Department Order No. 147-15 — Amending the Implementing Rules and Regulations of Book VI of the Labor Code (Termination of Employment) (2015), Section 8. Read the source →

Note. This page describes a procedure by reference to the issuances that create it. It is general legal information from Vivas & Nobles Law Office, not legal advice. Deadlines, offices and requirements can shift with new circulars; a lawyer reviewing your specific facts is the safer path than acting on this alone.