I. Introduction

In Philippine employment practice, applicants who pass interviews and are selected for hiring are usually required to submit documents before their official start date or within the first days of employment. These may include government identification numbers, medical clearances, academic records, employment certificates, police or NBI clearance, tax forms, birth certificates, permits, licenses, and other documents needed for payroll, statutory registration, regulatory compliance, or job qualification verification.

A recurring legal and practical question is whether an employer may terminate, withdraw, or discontinue the hiring of a person who fails to submit these pre-employment requirements.

The answer depends on the person’s legal status at the time of non-submission. The legal consequences differ depending on whether the person is merely an applicant, has already accepted a job offer, has signed an employment contract, has started work, or has acquired regular employment status. In the Philippines, termination is heavily regulated once an employment relationship exists. However, before employment begins, the employer generally has wider discretion to decline or withdraw the hiring, provided the decision is not discriminatory, retaliatory, arbitrary, or contrary to a binding agreement.

The central legal issue is this: Was there already an employer-employee relationship when the person failed to submit the requirements?

II. Nature of Pre-Employment Requirements

Pre-employment requirements are documents or clearances required by an employer before allowing a person to begin work, continue onboarding, receive payroll inclusion, or perform regulated job functions.

Common examples include:

Government-related documents
- SSS number
- PhilHealth number
- Pag-IBIG number
- Tax Identification Number
- BIR Form 1902 or 2305, where applicable
- Valid government-issued ID
Civil registry and personal documents
- Birth certificate
- Marriage certificate, if applicable
- Dependent documents
- Proof of address
Employment and education records
- Diploma
- Transcript of records
- Certificate of employment
- Clearance from previous employer
- Professional references
Clearances
- NBI clearance
- Police clearance
- Barangay clearance, where required by company policy
Medical and fitness documents
- Pre-employment medical examination
- Drug test, when legally and properly required
- Fit-to-work certificate
Position-specific requirements
- Driver’s license
- PRC license
- Seafarer’s documents
- Security guard license
- Health certificates
- Permits required by law or regulation
Company onboarding documents
- Signed employment contract
- Non-disclosure agreement
- Code of conduct acknowledgment
- Data privacy consent or notice acknowledgment
- Payroll forms
- Emergency contact form

These requirements serve legitimate business purposes. They help the employer verify identity, determine qualifications, comply with labor and tax laws, enroll the employee in statutory benefits, protect workplace safety, and satisfy industry-specific regulations.

However, the requirement must still be reasonable, lawful, job-related when necessary, and applied consistently.

III. Applicant, Selected Candidate, or Employee: Why the Distinction Matters

The legality of termination or withdrawal depends largely on the stage of the hiring process.

A. Mere Applicant

A mere applicant has no employment relationship yet. The employer may reject the application if the applicant fails to submit required documents, assuming the requirements are lawful and reasonably related to hiring.

At this stage, there is usually no “termination” in the strict labor law sense. There is only non-selection or discontinuance of the application.

The employer should still avoid unlawful grounds such as discrimination based on sex, age, disability, religion, ethnicity, union activity, marital status, pregnancy, or other protected characteristics.

B. Selected Candidate With Conditional Job Offer

A conditional job offer is common in Philippine hiring. The offer may state that employment is subject to completion of requirements, passing a medical exam, background verification, submission of clearances, or execution of an employment contract.

If the candidate fails to satisfy a clear condition, the employer may withdraw the offer. This is generally not considered illegal dismissal because employment has not yet commenced, provided that the offer was genuinely conditional and the condition was communicated.

For example:

“Your employment shall commence upon completion and submission of all pre-employment requirements.”

In that case, failure to submit the requirements may prevent the employment relationship from arising.

C. Candidate Who Has Accepted an Offer but Has Not Started Work

Acceptance of a job offer may create contractual obligations, depending on the terms of the offer and acceptance. However, if the offer clearly states that employment is conditional upon submission of requirements, the employer may usually treat non-submission as failure to satisfy a condition precedent.

If the job offer is unconditional and the candidate has already accepted, withdrawal by the employer may raise contractual issues. Still, the candidate may not necessarily have an illegal dismissal claim unless an employer-employee relationship has already begun.

D. Employee Who Has Signed a Contract but Has Not Started Work

Signing an employment contract is strong evidence of an employment relationship, but it is not always conclusive by itself. The actual terms matter.

If the contract states that employment begins on a future date and is subject to completion of requirements, the employer may argue that no active employment relationship has yet started.

If the contract states that the person is hired effective immediately or on a specific date, and the date has arrived, termination rules may already apply.

E. Employee Who Has Started Work

Once the person has started working under the employer’s control and is receiving or entitled to wages, an employer-employee relationship almost certainly exists.

At this point, failure to submit pre-employment requirements should no longer be treated as a simple withdrawal of offer. It becomes a potential disciplinary or employment matter.

The employer must comply with Philippine labor standards on termination. This generally means there must be a valid cause and observance of procedural due process.

IV. Employer-Employee Relationship Under Philippine Law

Philippine law determines employment relationship not merely by labels, but by the factual circumstances. The commonly used test is the four-fold test, which looks at:

Selection and engagement of the employee
Payment of wages
Power of dismissal
Power of control over the employee’s conduct

The most important element is the control test: whether the employer controls not only the result of the work but also the means and methods by which the work is performed.

In the context of pre-employment requirements, if the individual has already been selected, scheduled, onboarded, instructed to report, placed under supervision, and allowed to perform work, the employer may already be treated as having an employment relationship with that person.

Once such relationship exists, the constitutional and statutory protections on security of tenure become relevant.

V. Security of Tenure and Termination

Under Philippine labor law, employees enjoy security of tenure. They may not be dismissed except for just or authorized causes and only after observance of due process.

Therefore, once the individual is already an employee, an employer cannot simply say, “You failed to submit your requirements, so you are terminated,” without examining whether the failure constitutes a legally sufficient ground.

The employer must identify the proper legal basis.

Potential grounds may include:

Serious misconduct
Willful disobedience of lawful orders
Gross and habitual neglect of duties
Fraud or willful breach of trust
Other analogous causes
Failure to qualify for the position, in some cases
Non-compliance with a lawful condition of employment, depending on the circumstances

The legal basis depends on the facts.

VI. Is Failure to Submit Pre-Employment Requirements a Just Cause for Dismissal?

Failure to submit pre-employment requirements is not automatically a just cause for dismissal. It may become a valid ground only under certain circumstances.

A. When It May Justify Dismissal

Dismissal may be legally defensible when:

The requirement is lawful, reasonable, and job-related;
The requirement was clearly communicated to the employee;
The employee was given sufficient time to comply;
The employee was reminded or directed to submit;
The employee unjustifiably refused or failed to comply;
The missing document is material to the job or to legal compliance;
The employer observed procedural due process.

For example, failure to submit a valid professional license for a job that legally requires one may justify non-hiring or dismissal. A nurse, pharmacist, engineer, security guard, driver, or other regulated worker may be unable to legally perform the role without the proper license.

Similarly, failure to submit a fit-to-work clearance may be material when the job involves health, safety, food handling, medical work, heavy machinery, transport, or hazardous duties.

B. When It May Not Justify Dismissal

Dismissal may be questionable when:

The requirement is minor or administrative;
The employee substantially complied;
The delay was due to reasons beyond the employee’s control;
The employer accepted the employee into work despite incomplete requirements;
The employer gave inconsistent deadlines;
Other employees were allowed extensions;
The requirement was unnecessary or unrelated to the job;
The employee was not given notice and opportunity to explain;
The employer used the missing requirement as a pretext for illegal dismissal.

For example, if an employee has already submitted proof of identity, tax information, and statutory numbers, but is delayed in submitting a diploma copy because the school is still processing it, immediate termination may be excessive unless the diploma is an essential qualification and the employee misrepresented possession of the degree.

VII. Failure to Submit Requirements Before Employment Begins

Where employment has not yet begun, the employer may usually refuse to proceed with hiring if the applicant or candidate does not submit the requirements.

This is best understood as withdrawal of offer, non-completion of onboarding, or failure of a condition precedent, not termination.

For the employer’s action to be defensible, the following should be present:

The requirements were listed clearly;
The deadline was communicated;
The offer was expressly conditional;
The applicant was informed of the consequence of non-submission;
The employer acted consistently with its policy;
The requirement was lawful and reasonable;
The withdrawal was not based on discrimination or retaliation.

A written conditional offer is especially important. It should state that the job offer does not become effective, or employment does not commence, until the applicant satisfies the listed pre-employment conditions.

VIII. Failure to Submit Requirements After Employment Begins

If the employee has already started work, the employer should not treat the matter as a mere withdrawal of offer.

The better legal approach is progressive and documented:

Notify the employee of incomplete requirements;
Provide a reasonable deadline;
Ask for an explanation if the deadline is missed;
Determine whether the failure is justified;
Consider whether extension, suspension of certain duties, or reassignment is appropriate;
If dismissal is contemplated, issue the first notice;
Conduct or provide an opportunity for hearing or explanation;
Issue a decision notice if dismissal is warranted.

The employer must satisfy both substantive due process and procedural due process.

Substantive due process means there must be a valid ground.

Procedural due process means the employee must receive proper notice and an opportunity to be heard.

IX. Due Process Requirements

For dismissal based on employee fault or just cause, Philippine labor law generally requires the two-notice rule:

First Notice: Notice to Explain

The first written notice must inform the employee of the specific act or omission complained of. It should identify the missing requirement, the deadline, the previous reminders, the policy violated, and the possible consequence, including dismissal if applicable.

It must give the employee a meaningful opportunity to submit a written explanation.

Opportunity to Be Heard

The employee must be given a reasonable chance to explain. A formal trial-type hearing is not always required, but a conference or hearing may be necessary when requested, when factual issues exist, or when company policy provides for it.

Second Notice: Notice of Decision

After considering the explanation and evidence, the employer must issue a written decision. If dismissal is imposed, the notice should state the reason and the effective date.

Failure to observe procedural due process may expose the employer to liability even when there is a valid substantive cause.

X. Probationary Employees and Pre-Employment Requirements

Many disputes arise when the employee is probationary. Employers sometimes assume that probationary employees may be removed freely. That is incorrect.

A probationary employee also enjoys security of tenure. A probationary employee may be dismissed only for:

Just cause;
Authorized cause; or
Failure to qualify as a regular employee in accordance with reasonable standards made known at the time of engagement.

Failure to submit pre-employment requirements may be relevant if the requirement forms part of the reasonable standards for continued employment and was made known to the employee at the time of hiring.

For example, a probationary employee may be informed in writing:

“Continued employment is subject to submission of all pre-employment requirements within 30 days from start date. Failure to comply without valid reason may result in termination.”

Even then, dismissal should not be automatic. The employer must still consider whether the requirement is material, whether the employee was given enough time, whether the delay was justified, and whether due process was followed.

XI. Regular Employees

For regular employees, failure to submit an old or pending pre-employment document becomes harder to use as a dismissal ground, especially if the employer allowed the employee to work for months or years despite the missing requirement.

The longer the employer tolerates the non-submission, the weaker the argument that the document is indispensable.

However, dismissal may still be possible if the missing document is essential, fraudulent, or legally required. For example:

The employee falsely claimed to have a professional license;
The employee submitted fake documents;
The employee cannot legally perform the position without a permit;
The missing clearance reveals a disqualification directly relevant to the job;
The employee deliberately refuses to comply with lawful and reasonable directives.

In such cases, the issue may no longer be simple non-submission. It may involve fraud, misrepresentation, breach of trust, or legal incapacity to perform the job.

XII. Misrepresentation and Fake Documents

A distinct but related issue is the submission of false, forged, or misleading documents.

This is generally more serious than mere failure to submit.

If an applicant or employee submits a fake diploma, false employment certificate, forged clearance, altered license, or misleading credential, the employer may have stronger grounds to terminate or withdraw the offer.

Depending on the role, this may constitute:

Fraud;
Serious misconduct;
Willful breach of trust;
Dishonesty;
Loss of confidence, for positions of trust;
Failure to meet qualification standards.

The employer must still investigate and provide due process if the person is already an employee.

A company policy should clearly state that falsification, forgery, misrepresentation, or concealment of material information in employment documents is a serious offense that may result in dismissal.

XIII. Medical Examination and Fit-to-Work Requirements

Pre-employment medical examinations are common. Employers may require medical clearance to ensure that the applicant is fit for the job, especially when the work involves safety-sensitive duties.

However, medical information must be handled carefully. Employers should avoid discriminatory use of health information. A medical condition does not automatically justify non-hiring or dismissal. The key question is whether the person is fit to perform the essential functions of the job, with reasonable accommodation where applicable.

Where the employee fails or refuses to submit a fit-to-work certificate, the employer may have a legitimate reason to delay deployment, withhold assignment to sensitive duties, or require compliance.

Dismissal may be considered only when the requirement is lawful and necessary, the employee is unable or unwilling to comply without valid reason, and due process is followed.

Employers must also comply with data privacy obligations when collecting and processing medical information.

XIV. NBI Clearance, Police Clearance, and Criminal Records

Many employers require NBI or police clearance. However, care must be taken in using criminal record information.

A pending case, a “hit,” or a prior criminal record does not always automatically disqualify an applicant or employee. The employer should consider:

The nature of the offense;
Whether the case is pending or final;
Whether the offense is related to the job;
The sensitivity of the position;
The risk to the employer, clients, or public;
Whether the applicant disclosed the issue honestly;
Whether the requirement is imposed consistently.

Failure to submit an NBI clearance may delay onboarding. If the clearance is required for the role and the applicant cannot provide it, withdrawal of a conditional offer may be defensible.

If the person is already employed, dismissal requires a proper legal basis and due process. The employer should avoid automatic termination merely because of a clearance issue unless the facts support disqualification or misconduct.

XV. Government Numbers and Payroll Requirements

SSS, PhilHealth, Pag-IBIG, and BIR documents are commonly required for payroll and statutory reporting. Failure to provide these may cause administrative difficulty but may not always justify immediate termination.

Employers should assist employees in obtaining or verifying these numbers, especially first-time workers. Many new workers do not yet have complete government registration records. A reasonable period should be given.

Termination for failure to submit government numbers may be excessive where the employee is cooperating and the documents can still be processed.

However, persistent refusal to provide basic identity and payroll information may become a disciplinary issue, especially if the employee ignores lawful directives.

XVI. Data Privacy Considerations

Pre-employment documents contain personal information and often sensitive personal information. Under the Data Privacy Act, employers must collect and process such information lawfully, fairly, and for legitimate purposes.

Employers should observe the following principles:

Transparency Applicants and employees should be informed why the documents are required, how they will be used, who will access them, and how long they will be retained.
Legitimate purpose The documents must be connected to employment, legal compliance, payroll, security, qualification verification, or workplace safety.
Proportionality Employers should not collect excessive documents unrelated to the job.
Security HR files must be protected from unauthorized access.
Retention limits Documents should not be kept longer than necessary.
Restricted access Only authorized HR, legal, compliance, payroll, or management personnel should access the documents.

An employer should avoid requiring irrelevant or overly intrusive documents. The more sensitive the document, the stronger the employer’s justification should be.

XVII. Discrimination Risks

An employer may impose pre-employment requirements, but they must not be used as a tool for discrimination.

Potentially problematic practices include:

Rejecting pregnant applicants because of medical findings unrelated to job fitness;
Requiring documents from women but not men;
Applying stricter requirements to older applicants;
Rejecting persons with disabilities without considering reasonable accommodation;
Using marital status, religion, ethnicity, or political belief as a hidden basis;
Selectively enforcing requirements against union supporters or complainants;
Rejecting applicants because of health conditions unrelated to essential job duties.

A lawful requirement can become unlawful if applied in a discriminatory way.

XVIII. Reasonable Deadline for Submission

There is no single deadline that applies to all pre-employment requirements. Reasonableness depends on the document and circumstances.

A short deadline may be reasonable for documents already in the applicant’s possession, such as government IDs or a résumé. A longer period may be needed for documents issued by government agencies, schools, previous employers, or courts.

Factors affecting reasonableness include:

Processing time of the issuing office;
Whether the applicant is a first-time employee;
Whether the applicant must travel to obtain the document;
Availability of online processing;
Whether the document is essential before deployment;
Whether the employer gave notice early enough;
Whether the applicant made good-faith efforts to comply.

Employers should document deadlines and extensions.

XIX. Conditional Employment Clauses

To reduce disputes, employers should use clear conditional language in job offers and employment contracts.

A conditional offer may state:

“This offer is subject to your satisfactory completion and submission of all pre-employment requirements, including but not limited to identity documents, government registration numbers, medical clearance, background verification documents, and other documents required by the Company. Failure to complete these requirements within the prescribed period may result in withdrawal of this offer or non-commencement of employment.”

For employees allowed to start pending completion:

“You are allowed to commence work subject to the completion of remaining pre-employment requirements within the period prescribed by the Company. Failure to comply without valid reason, after notice and opportunity to explain, may result in disciplinary action, including termination where warranted.”

This distinction matters. The first clause applies before employment begins. The second applies after employment has started and must be enforced with due process.

XX. Company Policy Requirements

Employers should have a written policy on pre-employment requirements. The policy should identify:

Required documents per position;
Deadline for submission;
Documents required before start date;
Documents that may be submitted after start date;
Consequences of non-submission;
Extension procedure;
Treatment of false documents;
Data privacy safeguards;
Responsible HR personnel;
Escalation process before withdrawal or dismissal.

A clear policy helps prove that the employer acted fairly, consistently, and in good faith.

XXI. Recommended Employer Procedure Before Start Date

When the person has not yet started work, the employer may follow this process:

Issue a written list of requirements;
State the deadline;
State that the offer is conditional;
Send reminders;
Ask whether there are difficulties obtaining documents;
Allow reasonable extension where appropriate;
Document all communications;
Issue written notice of withdrawal if requirements remain incomplete;
Avoid using the word “terminated” if employment never began;
Keep records showing the lawful basis for non-hiring.

The notice may say:

“Because the required pre-employment documents were not completed within the prescribed period, and because completion of these requirements was a condition of employment, the Company is unable to proceed with your onboarding. Accordingly, the conditional offer is withdrawn.”

This is cleaner than saying the applicant was dismissed.

XXII. Recommended Employer Procedure After Start Date

When the employee has already started work, the employer should use a disciplinary or compliance process:

Confirm which documents are missing;
Check whether the employee was informed of the requirement;
Determine whether the requirement is material;
Give written reminder and deadline;
Ask for explanation if there is non-compliance;
Evaluate whether the employee has valid reasons;
Consider extension or lesser discipline;
If dismissal is contemplated, issue a notice to explain;
Allow written explanation or hearing;
Issue a written decision.

Dismissal should be proportionate. Not every missing document justifies termination.

XXIII. Employee Defenses

An employee who is terminated for failure to submit pre-employment requirements may raise several defenses:

No clear requirement was communicated.
No deadline was given.
The employee substantially complied.
The missing document was not essential.
The delay was beyond the employee’s control.
The employer accepted late submissions from others.
The employer allowed the employee to work despite incomplete documents.
The employer failed to observe due process.
The requirement was discriminatory.
The alleged non-submission was merely a pretext for dismissal.

These defenses are fact-specific.

XXIV. Employer Defenses

An employer may defend withdrawal or dismissal by showing:

The requirement was lawful and reasonable;
The requirement was communicated in writing;
The employee or applicant knew the deadline;
The document was necessary for the job or legal compliance;
The person failed to comply despite reminders;
The employer gave reasonable opportunity to comply;
The employer acted consistently;
The employee had no valid excuse;
Due process was observed, if employment had already begun;
The decision was not discriminatory or retaliatory.

Documentation is critical. The employer’s strongest evidence is usually the signed offer, checklist, emails, reminders, notices, and policy acknowledgments.

XXV. Illegal Dismissal Risk

The greatest legal risk arises when an employer labels the action as withdrawal of offer even though the person has already started working.

If the employee has reported for work, performed duties, received instructions, appeared on schedules, used company tools, or received wages, the labor tribunals may treat the person as an employee.

In such case, the employer must prove valid cause and due process.

If the employer fails, the dismissal may be declared illegal. Consequences may include reinstatement, backwages, separation pay in lieu of reinstatement where appropriate, damages, attorney’s fees, or nominal damages for procedural defects, depending on the facts.

XXVI. Authorized Cause Versus Just Cause

Failure to submit requirements is usually analyzed under just cause, because it concerns the employee’s act or omission.

It is generally not an authorized cause such as redundancy, retrenchment, closure, or disease. However, if the issue relates to medical unfitness or legal inability to perform work, the employer must carefully identify the proper legal ground.

For example, if a medical condition makes continued employment prohibited or prejudicial to health and no reasonable accommodation or reassignment is possible, the employer may need to comply with rules applicable to disease-related termination, including certification requirements where applicable.

Misclassification of the ground can weaken the employer’s case.

XXVII. Failure to Submit a Professional License

A professional license is often essential. If the job legally requires a PRC license or similar authority, the employer cannot be compelled to employ a person who lacks it.

Examples include:

Nurses;
Pharmacists;
Physicians;
Engineers, where the role legally requires licensure;
Architects;
Teachers in regulated contexts;
Security guards requiring proper license;
Drivers requiring a valid driver’s license.

If the person represented that they had a license but failed to produce it, the employer may treat the matter seriously. If already employed, due process is still needed.

Where licensure is merely preferred but not legally required, non-submission may not automatically justify dismissal unless it was clearly made a qualification standard.

XXVIII. Failure to Submit School Records

Diplomas, transcripts, and certificates are often requested to verify educational qualifications. The legal effect depends on whether the educational credential is essential.

If the position requires a specific degree, and the applicant cannot prove possession of that degree, the employer may withdraw the offer or terminate probationary employment if qualification standards were made known.

If the school delay is administrative and the employee can provide alternative proof, immediate dismissal may be too harsh.

If the employee lied about graduating or submitted forged records, the issue becomes dishonesty or fraud.

XXIX. Failure to Submit Previous Employer Clearance

Some employers require clearance from a previous employer. This can be problematic if used rigidly.

A previous employer may delay clearance for reasons beyond the applicant’s control. The applicant may have a pending dispute, final pay issue, or administrative delay. Non-submission of prior employer clearance should not automatically disqualify the applicant unless the clearance is genuinely necessary and the applicant is at fault for the inability to obtain it.

Alternative documents may include:

Certificate of employment;
Resignation acceptance;
Payslips;
Employment contract;
Tax records;
Written explanation.

Employers should avoid allowing a previous employer to effectively control the applicant’s future employment.

XXX. Failure to Submit Background Check Documents

Background checks may be lawful if conducted with proper notice, consent where appropriate, and legitimate purpose. However, they must be proportionate.

An applicant’s failure to authorize a lawful and reasonable background check may justify withdrawal of a conditional offer, especially for sensitive positions involving money, confidential information, children, vulnerable persons, security, or regulated industries.

For current employees, refusal to cooperate may be disciplinary if the background check is legally and contractually justified.

The employer should be able to explain why the background check is necessary for the role.

XXXI. Effect of Allowing the Employee to Work Despite Incomplete Requirements

When an employer allows the person to start working despite incomplete documents, it may weaken the argument that the requirements were conditions precedent to employment.

The employer may still require submission, but the legal character changes. The person is no longer merely an applicant. The employer must proceed under employment rules.

This is why HR teams often distinguish between:

Hard pre-start requirements Documents required before the person can begin work.
Post-start completion requirements Documents that may be completed within a defined period after start date.

Hard pre-start requirements should be strictly enforced before deployment. If the employer allows work to begin, later dismissal must satisfy labor law standards.

XXXII. Preventive Suspension

Preventive suspension may be considered only in limited circumstances. It is not a default remedy for missing documents.

Preventive suspension is generally appropriate when the employee’s continued presence poses a serious and imminent threat to the life or property of the employer or co-workers.

Failure to submit a diploma copy or government number would rarely justify preventive suspension. Failure to submit a license, medical clearance, or security clearance may justify temporary non-deployment from certain duties, but the employer should carefully characterize the action.

Where the issue is inability to legally perform the work, the employer may place the employee on administrative hold, floating status if legally justified, reassignment, or unpaid leave only if permitted by law, contract, or policy and supported by circumstances.

XXXIII. Resignation Versus Termination

Employers should not pressure an employee to resign because of incomplete requirements. A forced resignation may be treated as constructive dismissal.

If the employee voluntarily withdraws from onboarding or states that they cannot complete the requirements, the employer should document the withdrawal.

If the employer decides to end employment, it should issue the appropriate notice and follow the proper process rather than disguising the action as resignation.

XXXIV. Constructive Dismissal Concerns

Constructive dismissal may arise if the employer makes continued employment impossible, unreasonable, or unlikely, even without an express termination notice.

Examples include:

Removing the employee from schedule indefinitely;
Refusing to pay wages for work already performed;
Blocking access without explanation;
Demanding impossible documents;
Harassing the employee to resign;
Imposing discriminatory requirements;
Placing the employee on indefinite hold after starting work.

If the employer needs to pause deployment because of missing requirements, it should clearly communicate the reason, legal basis, expected action, and timeline.

XXXV. Wages for Work Already Performed

If the individual already worked, the employer must pay wages for work actually performed, even if the employee later fails to complete requirements.

Non-submission of documents does not justify withholding earned wages, except for lawful deductions or legally recognized set-offs.

Final pay, if any, should be processed subject to normal clearance procedures, but employers must not use missing pre-employment documents as an excuse to deny compensation for completed work.

XXXVI. Documentation Checklist for Employers

Employers should retain:

Job advertisement or qualification sheet;
Job offer;
Employment contract;
Pre-employment checklist;
Signed acknowledgment of requirements;
Deadline notices;
Email or SMS reminders;
Applicant or employee explanations;
Proof of extensions granted;
Company policy;
Data privacy notice;
Notice to explain, if applicable;
Hearing minutes or written explanation;
Decision notice;
Proof of service of notices.

Good documentation often determines the outcome of a dispute.

XXXVII. Practical Examples

Example 1: Applicant Fails to Submit NBI Clearance Before Start Date

An applicant receives a conditional offer stating that employment is subject to submission of NBI clearance, medical clearance, and government numbers. The applicant fails to submit the NBI clearance despite reminders.

The employer may withdraw the offer, assuming the condition was clear, the deadline was reasonable, and the withdrawal was not discriminatory.

This is usually not illegal dismissal because employment did not begin.

Example 2: Employee Starts Work Without Diploma, Then Fails to Submit It

An employee starts work and is given 30 days to submit a diploma. The employee asks for an extension because the school needs more time. The employer immediately terminates the employee without notice.

This may be legally vulnerable. The employee was already working, the delay may be justified, and due process was not observed.

Example 3: Driver Fails to Submit Valid Driver’s License

A company hires a driver whose position requires a valid driver’s license. The employee fails to submit one and later admits the license has expired.

The employer may have a strong basis to prevent the employee from driving. If the employee cannot renew or produce a valid license within a reasonable period, termination may be justified after due process.

Example 4: Applicant Submits Fake Transcript

An applicant submits a forged transcript and is hired. The employer later discovers the forgery.

If the person has not started, the offer may be withdrawn. If already employed, the employer may initiate disciplinary proceedings for dishonesty or fraud and may dismiss after due process if proven.

Example 5: First-Time Employee Has No SSS or PhilHealth Number Yet

A fresh graduate has not yet secured all government numbers but is willing to register. Immediate termination may be excessive. The employer should give reasonable assistance and time.

XXXVIII. Best Practices for Employers

Employers should:

Separate mandatory pre-start requirements from post-start requirements.
Use conditional job offers.
Communicate requirements clearly and early.
Give realistic deadlines.
Apply policies consistently.
Allow reasonable extensions for documents outside the applicant’s control.
Avoid automatic termination after work has started.
Observe due process for employees.
Protect personal data.
Avoid discriminatory use of requirements.
Pay wages for work already rendered.
Document every step.

XXXIX. Best Practices for Applicants and Employees

Applicants and employees should:

Read the job offer carefully.
Ask which requirements are mandatory before start date.
Keep copies of submitted documents.
Submit documents through traceable means.
Inform HR early if a document will be delayed.
Request written extensions where needed.
Provide alternative proof when possible.
Avoid submitting false or altered documents.
Keep proof of government or school processing delays.
Respond promptly to notices.

The worst response is silence. A good-faith explanation often prevents escalation.

XL. Model Policy Clause

A company policy may provide:

“All applicants and employees are required to submit complete, truthful, and accurate pre-employment documents within the period prescribed by the Company. Certain documents may be required before commencement of employment, while others may be submitted within a reasonable period after the start date, as determined by the Company.

Failure to submit required documents, submission of false or misleading documents, or refusal to cooperate in lawful employment verification procedures may result in withdrawal of a conditional job offer, non-commencement of employment, or disciplinary action, including termination, subject to applicable law and due process.

The Company shall process all submitted documents in accordance with applicable data privacy laws and shall collect only documents reasonably necessary for employment, qualification verification, payroll, statutory compliance, safety, security, or legitimate business purposes.”

XLI. Model Conditional Offer Clause

“This offer of employment is conditional upon your satisfactory completion and submission of all pre-employment requirements required by the Company, including identity documents, government registration records, medical or fit-to-work clearance, background verification documents, and other role-specific requirements.

Unless otherwise expressly allowed in writing, failure to complete these requirements on or before the prescribed deadline may result in withdrawal of this offer and non-commencement of employment.”

XLII. Model Notice of Incomplete Requirements

“Our records show that the following pre-employment requirements remain incomplete:

[Document]

[Document]

[Document]

Please submit the above documents on or before [date]. If you are unable to comply by the deadline, please submit a written explanation and supporting proof of the reason for delay.

Failure to comply without valid reason may result in appropriate action in accordance with Company policy and applicable law.”

XLIII. Model Notice to Explain for Existing Employee

“You are hereby required to submit a written explanation within five calendar days from receipt of this notice regarding your failure to submit the required pre-employment documents despite prior reminders dated [dates].

The pending documents are:

[Document]

[Document]

These documents are required for [state reason: statutory compliance, qualification verification, payroll processing, regulatory requirement, safety clearance, etc.].

Your failure to submit these documents may constitute violation of Company policy and/or failure to comply with a lawful and reasonable directive. You may submit documents, explanations, and supporting proof within the period stated. You may also request a conference if you wish to be heard in person.”

XLIV. Model Decision Notice

“After review of the records, your written explanation dated [date], and the circumstances surrounding your failure to submit the required documents, the Company finds that [state findings].

The Company has considered [mitigating or aggravating circumstances]. Based on the foregoing, the Company has decided to impose [disciplinary action/termination].

This decision is effective on [date]. You shall receive all compensation and benefits due under law and Company policy, subject to normal clearance and lawful deductions.”

XLV. Key Legal Principles

The topic may be summarized into several core principles:

Before employment begins, failure to submit requirements may justify withdrawal of a conditional offer.
After employment begins, failure to submit requirements must be handled under labor law termination rules.
Non-submission is not automatically just cause for dismissal.
The requirement must be lawful, reasonable, communicated, and material.
Due process is required once the person is already an employee.
Probationary employees also have security of tenure.
Fake documents are more serious than delayed documents.
Employers must avoid discrimination and data privacy violations.
Wages for work already performed must be paid.
Clear documentation is essential.

XLVI. Conclusion

Termination or withdrawal based on failure to submit pre-employment requirements is legally permissible in the Philippines only when handled according to the person’s actual employment status and the nature of the missing requirement.

If the person is still an applicant or selected candidate under a clearly conditional offer, the employer may generally withdraw the offer for failure to complete lawful and reasonable requirements. This is not ordinarily illegal dismissal because no employment relationship has begun.

If the person has already started work, the situation changes. The employer must respect security of tenure, establish a valid cause, and observe due process. Failure to submit documents may justify discipline or dismissal only when the requirement is material, the employee had notice and reasonable opportunity to comply, the failure was unjustified, and the employer followed the proper procedure.

The safest rule is simple: before work starts, use conditional hiring language; after work starts, use due process.