DISCIPLINARY ACTION
PROCESS

DUE PROCESS

Conduct of legal proceedings strictly
according to established principles
and procedures, laid down to ensure
fair trial for every accused.
ASPECTS OF DUE PROCESS
Procedural Due Process
Substantive Due Process

Substantive Due Process
Article 282, 283, 284 & 285
Termination of Employment Due to:
 Just Cause (Serious Misconduct)
 Authorized Cause (Retrenchment, Redundancy)
 Disease as Ground for Termination
 Termination by Employee (Resignation)

Procedural Due Process
Twin Notice & Hearing
 1st Notice- Notice to Explain
 Administrative Hearing
 2nd Notice- Notice of Decision

NOTICE TO EXPLAIN
DISCIPLINARY ACTION NOTICE
NOTICE OF DECISION

NOTICE TO EXPLAIN
A document notifying the
employee of the allegations of
misconduct against him. This
document also enables the
employee to explain his side and
present evidence .

PARTS OF A NOTICE TO EXPLAIN
Header (date, to, from)
Notice to Explain
Allegations of Employee Misconduct
COC rule violated
Possible Sanction
Period to answer allegation
Effects of failure to respond
Issuing authorities
Acknowledgment

NOTICE TO EXPLAIN

NOTICE TO EXPLAIN
WITH PREVENTIVE SUSPENSION
Clause stating the period of
preventive suspension
 Reason for preventive
suspension

NOTICE TO EXPLAIN WITH PREVENTIVE SUSPENSION

NOTICE TO EXPLAIN
WITH ADMIN HEARNING
Notification of the admin
hearing date and venue
 Right to bring counsel

NOTICE TO EXPLAIN WITH ADMIN HEARNING

DISCIPLINARY ACTION NOTICE
After due investigation and
examination of evidence, this
document will serve as the notice
of sanction.

PARTS OF DISCIPLINARY
ACTION NOTICE
 Header
 Notice of Disciplinary Action
 Proven Violation
 Sanction
 Acknowledgment

DISCIPLINARY ACTION NOTICE

NOTICE OF DECISION
After receiving the NTE and after
admin hearing, this document will
notify the accused of the sanction
that will imposed.

PARTS OF A
NOTICE OF DECISION
 Offense Violated
 Decision
 Basis for Decision
 Effectivity Date
 Authorized Signatories
 Acknowledgment

NOTICE OF DECISION

THANK YOU