Sample Notice to Explain – Libel Against the CompanyAtty Elvin
Sample notice to explain for the offense libel against the company is provided in this post to guide practitioners of the due process requirements on employee dismissal.
The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2 (pp. 59-60) by Atty. Villanueva.
To : RICHARD GOLEZ Clerk
From : HR
Date : _____________________
Subject : Notice to Explain
On ___________, it came to the knowledge of the management that you posted the following statements on your Facebook account: “Ang kumpanya namin ay walang pakialam sa mga hinaing ng empleyado. Ang mga opisyales ay manhid at puro sarili ang iniisip. ‘Wag kayong mag-apply sa XYZ Company dahil ito ay walang kwentang employer.”
Under Section 3H of our Code of Conduct, sending out scathing, libelous and harmful statements against the company is punishable with dismissal. Likewise, if such act is proven, it is also a ground for dismissal of employee under Article 282 of the Labor Code, as amended.
In this regard, please explain in writing within five (5) calendar days from receipt of this notice why no disciplinary action should be imposed upon you for such conduct.
Failure on your part to submit your written explanation within the prescribed period shall be deemed waiver on your part of due process. Please be guided accordingly.
PARETTO P. AROON