This document summarizes the requirements for terminating or separating employees according to DOLE D.O. 147-15. It discusses the differences between just cause termination and authorized cause separation. For just cause termination, employers must provide the employee with two written notices - a notice to explain describing the causes for termination, and a notice of results after considering the employee's explanation. It also outlines the requirements for authorized cause separation, including providing 30 days notice to the employee and paying separation pay.

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DOLE D.O. 147-15
Just Causes And Authorized Causes

2. Due Process
Substantive Due Process
1) Just Cause: employee’s fault/negligence
2) Authorized Cause: no fault of employee
Procedural Due Process
1) Just Cause Termination
2) Authorized Cause Separation*
*Separation pay is due as employee has no fault/negligence – unlike just cause termination.
DOLE D.O.
147-15

3. Notice to Explain
(1st Written Notice)
Notice of Results
(2nd Written Notice)
AMPLE OPPORTUNITY
TO BE HEARD
Just Cause Termination
Section 5.1,
Rule I-A, DOLE
D.O. 147-15

4. 1st Written Notice
Requirements:
1) Specific causes/grounds
2) Detailed narration of facts and circumstances
3) Directive to the employee who is given opportunity to submit a writ-
ten explanation within a reasonable period
Specific causes/grounds:
- Labor Code
- Company Policies
- Employment Contracts Section 5.1,
Rule I-A, DOLE
D.O. 147-15

5. 1st Written Notice
Detailed narration of facts and circumstances
- Will serve as the basis for the charge
- General description will not suffice
- Provide info on: who, what, when, where, how
Directive to the employee who is given opportunity to submit a written ex-
planation within a reasonable period
- At least 5 calendar days from receipt of notice
- To study accusation, consult or be represented by lawyer or union
officer
- Gather data and evidence
- Decide on defenses against the complaint
Section 5.1,
Rule I-A, DOLE
D.O. 147-15

6. Ample Opportunity to be Heard
It means:
- Any meaningful opportunity, whether verbal or written, given to the
employee to answer the charges against him/her, and
- Submit evidence in support of defense
- Whether through: a hearing/conference or some other fair, just and
reasonable way (including written reply)
Section 5.1,
Rule I-A, DOLE
D.O. 147-15

7. Ample Opportunity to be Heard
Formal hearing becomes mandatory in any of these:
1) Requested by the employee in writing;
2) Substantial evidentiary dispute exist;
3) Company rule or practice requires it; or
4) When similar circumstances justify it.
Section 5.1,
Rule I-A, DOLE
D.O. 147-15

8. 2nd Written Notice
Requirements:
1) Indicate: all circumstances involving the charge have been
considered
2) Grounds have been established to justify the severance of
their employment
Section 5.1,
Rule I-A, DOLE
D.O. 147-15

9. Authorized Cause Separation
Section 5.3 and
5.5, Rule I-A,
DOLE D.O.
147-15
30-Day
Employee Notice
Separation Pay30-Day
DOLE Notice

10. 30-Day Employee Notice
Requirements:
1) Specifying ground/s for separation
2) Last day
3) Separation Pay
No separation pay if due to closure/cessation of business is due to serious business losses or financial
reverses
Requirements:
1) Submit DOLE RKS Form 5 – Establishment Termination Report
2) To: DOLE Regional Office
Section 5.3 and
5.5, Rule I-A,
DOLE D.O.
147-15

11. Separation Pay
1 month pay or 1 month pay per year of service, whichever is
higher for:
1) Installation of labor-saving devices
2) Redundancy
*A fraction of 6 months service is considered 1 year.
Section 5.5,
Rule I-A, DOLE
D.O. 147-15

12. Separation Pay
1 month pay or 1/2 month pay per year of service, whichever
is higher for:
1) Retrenchment
2) Closure/cessation of business operation not due to serious
business losses
3) Disease
*A fraction of 6 months service is considered 1 year.
Section 5.5,
Rule I-A, DOLE
D.O. 147-15

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