Thanks for your help.
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tangadsangig wrote:Good day to all! In the office we used to serve memos to employees for their infractions giving them only 2 days to explain from receipt of their memo. Sometime 2 years ago I was told that it has changed to 5 days. In what DOLE article/order/memo can I find this rule? If you know of a weblink, that too can be of use.
Thanks for your help.
tangadsangig wrote:Atty does it mean that because of the King of Kings vs Mamac case, the 5-day ample period to explain became a standard instead of the 2-day that I once was used to?
If so, it means that I shouldn't limit my readings on the books alone but also in court decisions like these.
I also read this: http://sc.judiciary.gov.ph/jurisprudence/2008/july2008/166211-j-velasco.htm
concilii wrote:If you would read the entire court ruling on the King of Kings vs. Mamac, the 5 day rule applies to "dismissal cases". That is, if you intend to terminate an employee based on just causes, you should at least provide 5 days but if you intend to warn/suspend, then 2 days would be sufficient.
council wrote:concilii wrote:If you would read the entire court ruling on the King of Kings vs. Mamac, the 5 day rule applies to "dismissal cases". That is, if you intend to terminate an employee based on just causes, you should at least provide 5 days but if you intend to warn/suspend, then 2 days would be sufficient.
For the benefit of the rest who might be interested, kindly elaborate on jurisprudence or policy mentioning that 2 days would be sufficient for non-terminable (dismissal) cases.
Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » DOLE article/order stating 5-day requirement for Notice to Explain/Show-cause letter?
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