3 requisites of labor law due process
"The essence of due process is simply an opportunity to be heard or, as applied to administrative proceedings, an opportunity to explain one's side or x x x to seek a reconsideration of the action or ruling complained of."[1]Section 2(d), Rule I of the Implementing Rules of Book VI of the Labor Code, in relation to Article 282 of the Labor Code, provides the due process requirements prior to the termination of employment, namely: (1) a written notice specifying the ground or grounds for termination; (2) a hearing or conference to give the employee concerned the opportunity to respond to the charge; and (3) a written notice of termination.[2]
[1] Lima Land, Inc. v. Cuevas, G.R. No. 169523, June 16, 2010, at 43.
[2] Section 2(d), Rule I of the Implementing Rules of Book VI of the Labor Code, in part, provides:
Section 2. Security of tenure. – xxx
(d) In all cases of termination of employment, the following standards of due process shall be substantially observed:
For termination of employment based on just causes as defined in Article 282 of the Labor Code:
(i.) A written notice served on the employee specifying the ground or grounds for termination, and giving said employee reasonable opportunity within which to explain his side.
(ii.) A hearing or conference during which the employee concerned, with the assistance of counsel if he so desires is given opportunity to respond to the charge, present his evidence, or rebut the evidence presented against him.
(iii.) A written notice of termination served on the employee, indicating that upon due consideration of all the circumstances, grounds have been established to justify his termination. [Emphasis ours]
