Bribery may be Ground for Disciplinary Action – Sample Notice to ExplainAtty Elvin
Bribery or even acceptance of gifts may be established as an offense under the company’s code of conduct.
Employees may be prohibited from accepting gifts from supplier or bribe. The employer may prohibit the acceptance of gifts from a supplier and impose the penalty of termination for its violation.
Accepting gifts from a supplier may cause the employee to give the supplier undue advantage over their competitors, and creates a situation of conflict of interest that can be prejudicial to the employer. A violation of this prohibition can constitute serious misconduct, a just cause for termination under Art. 282 [now Art. 297] of the Labor Code.
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The sample form below is based on the post Human Resource Forms, Notices and Contracts Volume 2.
To : Name of Employee
From : Human Resources Manager
Subject : Accepting gifts from supplier
Date : (Date of issuance of Notice)
The incident which occurred in the premises of the office has been brought to our attention. On ________ (date), we received a written complaint from one of our employees, particularly, ____________ (name of employee) about an incident that occurred on _________ (date).
It appears that XYZ Company, one of our suppliers, delivered to your office a brand new Apple Ipad tablet. In this connection, we direct your attention to the company’s Code of Conduct, particularly the provisions on Conflict of Interest, which clearly prohibit the act of accepting any gift/s from company supplier.
A violation of the said prohibition constitutes serious misconduct which is a ground for termination under Art. 297 of the Labor Code.
In view of the foregoing, you are hereby required to submit a written explanation to this office within five (5) days from receipt of this notice, stating why the Company should not impose the penalty of dismissal for the act mentioned.
Furthermore, you are invited to a conference on _________ (date) at ___________ (venue) where you Forms on Employee Dismissal 111 shall be accorded the opportunity to express your side on the matter. You may be accompanied by your own counsel at the said conference if you wish to be assisted by one.
Your failure to submit your written explanation within the period provided shall be construed as a waiver of your right to be heard and the Company shall decide the matter on the basis of all records and evidence available to it.
Your compliance is strongly encouraged.
Very truly yours,
(Name and signature of authorized signatory)