TWIN NOTICE RULE

Just causes (Art 282, LC)

Authorized Causes (Art 283, LC)
Health Reasons (Art 284, LC)
Q: What is the purpose of the 2 notices served to the Ee and DOLE 1 month prior
to termination?
A:
1. To give the Ees some time to prepare for the eventual loss of their jobs and their
corresponding income, look for other employment and ease the impact of the loss of
their jobs.
2. To give DOLE the opportunity to ascertain the verity of the alleged cause of
termination. (Phil. Telegraph & Telephone Corp. v. NLRC, G.R. No. 147002, April 15,
2005)
Note: Notice to both the Ees concerned and the DOLE are mandatory and must
be written and given at least 1 month before the intended date of retrenchment
and the fact that the Ees were already on temporary layoff at the time notice
should have been given to them is not an excuse to forego the 1month written
notice. (Sebuguero v. NLRC, G.R. No.115394, Sep. 27, 1995)

Q: What are the 2fold requirements of a valid dismissal for a just cause (Art 282,
LC)?
A:
1.Substantive it must be for a just cause ,
2.Procedural there must be notice and hearing