A Recommendation For Termination Of Employee is a critical document used in Philippine employment contexts when proposing the termination of an employee's employment contract. This document must strictly adhere to the requirements set forth in the Philippine Labor Code and related employment regulations, particularly regarding just causes or authorized causes for termination. It serves as the foundation for the formal termination process, requiring detailed documentation of the grounds for termination, evidence of violations or performance issues, and demonstration of compliance with due process requirements. The document is typically initiated by management or HR when there are serious violations of company policies, persistent performance issues, or other valid grounds for termination under Philippine law. It must include sufficient detail to support the recommendation while ensuring all procedural requirements are met to prevent potential legal challenges.
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1. Employee Information: Complete details of the employee including full name, employee ID, position, department, and length of service
2. Grounds for Termination: Clear statement of the specific grounds for termination, citing relevant provisions of the Labor Code (just cause or authorized cause)
3. Factual Background: Detailed chronological account of events, incidents, or circumstances leading to the recommendation for termination
4. Evidence and Documentation: Summary of supporting evidence, including dates of incidents, witness statements, previous warnings, performance evaluations, or other relevant documentation
5. Prior Corrective Actions: Description of previous disciplinary actions, warnings, or improvement plans implemented
6. Legal Basis: Citation of specific provisions from the Labor Code and other relevant laws supporting the termination
7. Compliance with Due Process: Demonstration of how due process requirements have been met, including opportunities given to the employee to explain their side
1. Impact Assessment: Analysis of the impact of termination on department operations and succession planning, used when the employee holds a key position
2. Financial Implications: Details of separation pay and other financial obligations, included when termination is due to authorized causes
3. Security Considerations: Special security measures or handover procedures, included when the employee has access to sensitive information or assets
4. Union Considerations: Reference to relevant collective bargaining agreement provisions, included when the employee is a union member
5. Rehabilitation Efforts: Description of attempts to correct or improve performance, included in cases of performance-based termination
1. Appendix A - Performance History: Detailed record of performance evaluations, warnings, and improvement plans
2. Appendix B - Supporting Documents: Copies of relevant evidence, incident reports, witness statements, and other supporting documentation
3. Appendix C - Compliance Checklist: Checklist demonstrating compliance with legal requirements and company procedures
4. Appendix D - Communication Records: Copies of relevant emails, memos, and other communications related to the issues
5. Appendix E - Separation Benefits Computation: Detailed calculation of separation pay and other benefits, if applicable
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Manufacturing
Information Technology
Retail
Healthcare
Education
Construction
Business Process Outsourcing
Hospitality
Telecommunications
Professional Services
Transportation and Logistics
Mining and Natural Resources
Government and Public Sector
Non-Profit Organizations
Relevant Teams
Human Resources
Legal
Compliance
Senior Management
Employee Relations
Labor Relations
Operations
Corporate Governance
Risk Management
Internal Audit
Relevant Roles
Human Resources Manager
HR Director
Employee Relations Specialist
Legal Counsel
Compliance Manager
Department Manager
Division Head
Chief Human Resources Officer
HR Business Partner
Labor Relations Manager
HR Operations Manager
Chief Executive Officer
Managing Director
General Manager
Company Secretary
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