The Notice To Employee For Breach Of Contract is a crucial document in Philippine employment law, designed to formally notify employees of violations of their employment contract terms. This document is typically used when an employer needs to address serious violations of employment terms, company policies, or professional conduct standards. It forms part of the mandatory due process requirements in the Philippines, particularly adhering to the 'twin notice rule' established by jurisprudence. The notice must specify the exact nature of the breach, provide supporting evidence, and give the employee a fair opportunity to respond. It serves as an essential legal document that may be required in case of future litigation or labor disputes, and demonstrates compliance with Philippine Labor Code requirements for proper documentation of employment-related issues.
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1. Header Information: Company letterhead, date, reference number, and document title
2. Employee Information: Complete name of employee, position/designation, department, and employee ID
3. Subject Line: Clear indication that this is a notice for breach of contract
4. Breach Description: Detailed description of the specific contract provisions that were breached, including dates, incidents, and relevant details
5. Legal Basis: Reference to specific provisions of the employment contract, company policies, and relevant labor laws that were violated
6. Impact Statement: Description of how the breach affects the company, other employees, or operations
7. Required Action: Clear statement of what the employee needs to do to remedy the situation, if applicable
8. Response Period: Specified timeframe within which the employee must respond or explain (typically 5 working days as per Philippine labor practice)
9. Potential Consequences: Statement of possible disciplinary actions if the breach is not addressed or if similar violations occur
10. Closing: Formal closing statement, including contact person for questions or submission of explanation
1. Previous Warnings: Include if there have been previous incidents or warnings issued to the employee
2. Remedial Measures: Include if the company is offering specific support or guidance to help the employee correct the breach
3. Performance History: Include if relevant to establishing a pattern of behavior or contrasting with previous good performance
4. Investigation Findings: Include if an investigation was conducted and findings need to be presented
5. Immediate Actions Required: Include if there are urgent steps the employee must take or immediate restrictions on their duties
1. Evidence Documentation: Copies of relevant evidence supporting the breach claim (e.g., incident reports, witness statements, performance records)
2. Contract Provisions: Excerpts of relevant sections from the employment contract that were breached
3. Company Policies: Copies of relevant company policies or procedures that were violated
4. Acknowledgment Form: Form for the employee to sign acknowledging receipt of the notice
5. Response Form: Template form for the employee to submit their written explanation
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