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Employee Termination Letter For Theft for Philippines

Employee Termination Letter For Theft Template for Philippines

This document serves as a formal termination letter specifically addressing employee dismissal due to theft under Philippine labor law. It follows the mandatory requirements set forth in the Labor Code of the Philippines and relevant jurisprudence, including compliance with procedural due process through the twin notice rule. The letter documents the specific incident(s) of theft, references the investigation findings, cites relevant legal bases for termination, and includes necessary information about final settlements and clearance procedures. It is structured to protect the employer's interests while ensuring compliance with Philippine labor regulations regarding just cause termination.

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Employee Termination Letter For Theft

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What is a Employee Termination Letter For Theft?

The Employee Termination Letter For Theft is a crucial document used when an employer needs to formally terminate an employee for theft-related offenses in the Philippines. It must comply with Article 297 (formerly Article 282) of the Labor Code of the Philippines, which recognizes theft as serious misconduct and a just cause for termination. The document is used after conducting a proper investigation and following due process requirements, including issuing a show-cause notice and conducting an administrative hearing. The letter must detail the specific theft incident(s), reference supporting evidence, and clearly state the termination decision. It serves both as a formal notification of employment termination and as potential evidence in case of future legal proceedings. The document should be carefully drafted to ensure it meets all procedural requirements under Philippine law, including proper citation of company policies and relevant labor laws.

What sections should be included in a Employee Termination Letter For Theft?

1. Letter Header: Company letterhead, date, and formal addressing to the employee including their full name, position, and department

2. Subject Line: Clear indication that this is a Notice of Termination of Employment

3. Reference to Previous Communications: Reference to the show cause notice/written charge and administrative hearing that preceded this termination letter

4. Statement of Incident: Detailed description of the theft incident(s), including dates, times, and specific items or values involved

5. Evidence and Investigation Findings: Summary of the evidence gathered and findings from the investigation that prove the theft

6. Legal Basis: Citation of relevant provisions of the Labor Code and company policies that justify the termination

7. Termination Decision: Clear statement of employment termination, effective date, and basis (loss of trust and confidence/serious misconduct)

8. Final Instructions: Instructions regarding return of company property, final clearance procedures, and collection of final pay

9. Signature Block: Space for authorized signatory (typically HR Head or Department Head) with full name and title

What sections are optional to include in a Employee Termination Letter For Theft?

1. Summary of Employee Response: Include when the employee provided a written explanation or defense during the administrative process

2. Benefits Information: Include if there are specific benefits or entitlements that need to be addressed

3. Non-Disclosure Reminder: Include if the employee had access to confidential information

4. Legal Action Notice: Include if the company intends to pursue legal action regarding the theft

5. Certificate of Employment: Include if mentioning the availability of a neutral certificate of employment

What schedules should be included in a Employee Termination Letter For Theft?

1. Appendix A - Investigation Report Summary: Summary of the formal investigation findings and evidence collected

2. Appendix B - Prior Communications Log: Copies of show cause notice, employee's response, and hearing minutes

3. Appendix C - Company Property Checklist: List of company items to be returned and clearance requirements

4. Appendix D - Final Settlement Computation: Detailed breakdown of final pay, deductions, and any applicable benefits

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Termination Letter

Cost

Free to use
Relevant legal definitions




















Clauses

















Relevant Industries

Retail

Manufacturing

Banking and Finance

Healthcare

Hospitality

Technology

Logistics and Transportation

Education

Construction

Professional Services

Food and Beverage

Telecommunications

Mining and Resources

Real Estate

Agriculture

Relevant Teams

Human Resources

Legal

Compliance

Security

Administration

Risk Management

Industrial Relations

Employee Relations

Operations Management

Senior Management

Relevant Roles

Human Resources Director

HR Manager

Legal Counsel

Compliance Officer

Employee Relations Manager

Security Manager

Department Head

Line Manager

Operations Manager

HR Business Partner

Risk Management Officer

Administrative Manager

General Manager

Chief Human Resources Officer

Industrial Relations Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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