Termination without 30-day Notice

Hi Everyone,

I was given a Decision Memo of Termination on January 4, 2017 effective on that same date, January 4, 2017. Though NTE was served and an Admin Hearing was conducted, I'm clarifying on the validity on the notice period of the termination. I was told just recently that there should be a 30-days notice if the decision is Termination. I asked my previous Immediate Head about it and was told that the NTE and admin hearing are already the notices and that I also signed the DM which means I accepted their ruling. I never admitted to the charges against me and during the Admin Hearing the company's representatives have not given a concrete proof of their allegation. I signed the DM that time thinking that they are informing me that I will be Terminated but the termination date is still to follow. I know it is a lapse in my part but i couldn't think well at that time.

Also, if this is considered as non-compliance of the notice period, can I still file a case even if it's already a year after? Ans should I go to DOLE or NLRC?

Thank you.

Termination due to just cause usually effective upon receipt of the memo (as stated in the memo also), unless specified.

Termination due to authorized causes (such as redundancy, retrenchment, installation of labor saving devices...), employees and DOLE need to be notified 30 days in advance before the effectivity of the termination.

Since there is a decision memo and admin hearing, as you have mentioned in your post, it is most likely that you were terminated due to just cause. In such case, there is no obligation for your employer to observe the 30-day notice period, as long as the right to due process was observed. Try reading this to better understand the employment termination process. I hope it helps. https://www.alburovillanueva.com/dismissal-termination-employment

The person who "told you recently that a 30-day notice if termination is the sanction" is WRONG. Nothing in the law requires a 30-day notice.