1. Who are entitled to Due Process? All employees, both probationary and regular, are entitled to due process. The The Twin Notice rule mus be followed. Employer must issue an NTE, allow the employee to explain, and provide a written decision if termination is decided.
2. What are the potential penalties from failing to follow due process? If an employer fails to observe due process, even with valid grounds for termination, they may be required to pay the employee nominal damages, usually ranging from PHP 30,000 to PHP 50,000, as compensation for procedural lapses. This is in addition to other money claims that the separated employee will request, subject for the approval/decision of the Labor Arbiter.
3. Can the employee appeal for the disciplinary decision? Yes, employees may file complaints with the Department of Labor and Employment (DOLE) or the National Labor Relations Commission (NLRC) if they believe they were disciplined unfairly or terminated without due process.
4. How long does the disciplinary process take? The process may take 8 to 30 calendar days, depending on the complexity of the violation. The employee is given at least 5 calendar days to submit their Explanation Letter. Further, the admin hearing process may take additional time.
