Disciplinary Action Process

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Disciplinary Action Process
Due Process
Termination of Employment
Notice to Explain
Notice of Disciplinary Action
Notice of Decision

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Disciplinary Action Process

  1. 1. DISCIPLINARY ACTION PROCESS
  2. 2. DUE PROCESS
  3. 3. Conduct of legal proceedings strictly according to established principles and procedures, laid down to ensure fair trial for every accused. ASPECTS OF DUE PROCESS Procedural Due Process Substantive Due Process
  4. 4. Substantive Due Process Article 282, 283, 284 & 285 Termination of Employment Due to:  Just Cause (Serious Misconduct)  Authorized Cause (Retrenchment, Redundancy)  Disease as Ground for Termination  Termination by Employee (Resignation)
  5. 5. Procedural Due Process Twin Notice & Hearing  1st Notice- Notice to Explain  Administrative Hearing  2nd Notice- Notice of Decision
  6. 6. NOTICE TO EXPLAIN DISCIPLINARY ACTION NOTICE NOTICE OF DECISION
  7. 7. NOTICE TO EXPLAIN A document notifying the employee of the allegations of misconduct against him. This document also enables the employee to explain his side and present evidence .
  8. 8. PARTS OF A NOTICE TO EXPLAIN Header (date, to, from) Notice to Explain Allegations of Employee Misconduct COC rule violated Possible Sanction Period to answer allegation Effects of failure to respond Issuing authorities Acknowledgment
  9. 9. NOTICE TO EXPLAIN
  10. 10. NOTICE TO EXPLAIN WITH PREVENTIVE SUSPENSION Clause stating the period of preventive suspension  Reason for preventive suspension
  11. 11. NOTICE TO EXPLAIN WITH PREVENTIVE SUSPENSION
  12. 12. NOTICE TO EXPLAIN WITH ADMIN HEARNING Notification of the admin hearing date and venue  Right to bring counsel
  13. 13. NOTICE TO EXPLAIN WITH ADMIN HEARNING
  14. 14. DISCIPLINARY ACTION NOTICE After due investigation and examination of evidence, this document will serve as the notice of sanction.
  15. 15. PARTS OF DISCIPLINARY ACTION NOTICE  Header  Notice of Disciplinary Action  Proven Violation  Sanction  Acknowledgment
  16. 16. DISCIPLINARY ACTION NOTICE
  17. 17. NOTICE OF DECISION After receiving the NTE and after admin hearing, this document will notify the accused of the sanction that will imposed.
  18. 18. PARTS OF A NOTICE OF DECISION  Offense Violated  Decision  Basis for Decision  Effectivity Date  Authorized Signatories  Acknowledgment
  19. 19. NOTICE OF DECISION
  20. 20. THANK YOU

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