The Letter of Non Confirmation of Employment is a crucial document in Philippine employment practice, used when an employer determines that a probationary employee has not met the standards for regular employment. Under Philippine Labor Code, employers have the right to place new hires on probationary status for up to six months, during which their performance and suitability for the role are evaluated. When an employee does not meet the predetermined standards for regularization, this letter must be issued before the probationary period expires. The document must clearly state the reasons for non-confirmation, reference the performance standards or criteria not met, and provide necessary information about the separation process. The letter should be drafted carefully to ensure compliance with labor laws and protect against potential claims of illegal termination.
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1. Letter Header: Company letterhead, date, reference number, and formal addressee details including employee's full name and address
2. Subject Line: Clear indication that this is a Notice of Non Confirmation of Employment
3. Opening Statement: Reference to the employee's probationary employment period and position
4. Non-Confirmation Decision: Clear statement of the decision not to confirm/regularize the employment
5. Basis for Decision: Brief explanation of the grounds for non-confirmation, referring to performance standards or other relevant criteria
6. Effective Date: Specification of the last working day and end of employment relationship
7. Final Administrative Matters: Instructions regarding clearance process, final pay, and return of company property
8. Closing Statement: Professional closing with acknowledgment of service and future endeavors
9. Signature Block: Space for authorized signatory's name, position, and signature
1. Performance Summary: Detailed overview of performance evaluations and feedback during probationary period, used when detailed documentation of performance issues is necessary
2. Appeal Rights: Information about any internal appeal process, if company policy allows for appeals of non-confirmation decisions
3. Certificate of Employment: Offer to provide a certificate of employment for the duration of service, if requested
4. Confidentiality Reminder: Reminder of continuing obligations regarding confidential information, if applicable to the position
5. Acknowledgment Section: Space for employee's signature acknowledging receipt, used when documentation of delivery is required
1. Performance Evaluation Form: Copy of final performance evaluation or assessment form
2. Clearance Checklist: List of items and processes to be completed before final day
3. Company Property Inventory: List of company assets to be returned
4. Final Pay Computation: Detailed breakdown of final salary, benefits, and any other payments due
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