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For a just-cause dismissal, procedural due process requires two written notices: a first notice stating the specific acts or omissions for which dismissal is sought and giving the employee a reasonable chance to explain, and a second notice informing the employee of the decision after the explanation is considered. The employee must also be given a genuine opportunity to be heard.
For authorized-cause dismissals, the employer must instead serve written notice on both the worker and the DOLE at least one month before the intended date. A dismissal for a valid cause but without the required notice is not turned into an illegal dismissal, but the employer may be liable for nominal damages for the procedural lapse.
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