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Summary Dismissal Letter for Philippines

Summary Dismissal Letter Template for Philippines

A Summary Dismissal Letter is a formal document used in the Philippines for immediate termination of employment due to serious misconduct, gross negligence, or other just causes as defined under Article 297 of the Philippine Labor Code. The document must comply with Philippine labor laws, particularly the twin notice requirement, and should clearly state the grounds for termination, specific violations, and supporting evidence. It must be carefully drafted to ensure procedural due process, protect the company from wrongful termination claims, and maintain compliance with DOLE regulations and jurisprudence on employment termination.

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What is a Summary Dismissal Letter?

The Summary Dismissal Letter is a crucial document used in Philippine employment law when immediate termination of employment is necessary due to serious infractions or just causes. It represents the final step in the termination process, following a show-cause notice and investigation as required by Philippine labor laws. This document must carefully detail the grounds for termination, reference specific violations of company policies or laws, and demonstrate compliance with due process requirements. The letter should be drafted in accordance with Article 297 of the Labor Code of the Philippines and relevant DOLE guidelines, ensuring all procedural requirements are met to prevent potential wrongful termination claims. It's particularly important that the Summary Dismissal Letter includes clear documentation of the offense(s), reference to prior warnings if any, and specific legal bases for the termination decision.

What sections should be included in a Summary Dismissal Letter?

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: Citation of prior written notice/show cause letter and any investigations conducted

4. Grounds for Termination: Specific just cause(s) for termination under Article 297 of the Labor Code, with clear details of the violation(s)

5. Facts and Evidence: Detailed account of the incident(s) or behavior leading to termination, including dates and specific examples

6. Legal Basis: Reference to relevant provisions of the Labor Code, company policies, and employment contract that were violated

7. Decision: Clear statement of immediate termination and its effective date

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

9. Closing: Formal closing, with space for signatures of authorized company representatives

What sections are optional to include in a Summary Dismissal Letter?

1. Non-Compete Reminder: Include when the employee's contract contains non-compete clauses that survive termination

2. Confidentiality Obligations: Include when reminding the employee of ongoing confidentiality obligations post-employment

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

4. Appeal Process: Include when company policy provides for an internal appeal mechanism

5. Security Protocols: Include when there are specific security measures or restricted access procedures to be implemented immediately

What schedules should be included in a Summary Dismissal Letter?

1. Prior Warning Letters: Copies of previous warnings or show cause notices issued to the employee

2. Investigation Report: Summary or full report of the investigation conducted regarding the incident(s)

3. Evidence Documentation: Relevant evidence supporting the grounds for termination (e.g., incident reports, witness statements, CCTV footage descriptions)

4. Final Payments Schedule: Detailed breakdown of final salary, benefits, and any deductions

5. Clearance Checklist: List of items and procedures to be completed for final clearance

Authors

Alex Denne

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

Jurisdiction

Philippines

Publisher

Genie AI

Document Type

Employment Letter

Cost

Free to use
Relevant legal definitions




















Clauses




















Relevant Industries

Banking and Financial Services

Manufacturing

Retail

Information Technology

Healthcare

Education

Construction

Hospitality

Transportation and Logistics

Business Process Outsourcing

Telecommunications

Mining and Natural Resources

Professional Services

Real Estate

Energy

Relevant Teams

Human Resources

Legal

Compliance

Employee Relations

Corporate Secretariat

Risk Management

Senior Management

Operations Management

Relevant Roles

Human Resources Director

HR Manager

Legal Counsel

Compliance Officer

Employee Relations Manager

HR Business Partner

Labor Relations Manager

Chief Human Resources Officer

HR Operations Manager

Legal Manager

Department Head

Chief Executive Officer

Chief Operating Officer

Risk Management Officer

Corporate Secretary

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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