HOW TO CRAFT A VALID NOTICE TO EXPLAIN (NTE) FOR AN EMPLOYEE OFFENSE
Form No. 1 (Found in Atty. Villanueva’s Book HR Forms, Notices & Contracts Vol. 2) is the sample Notice to Explain for Falsification of Office Receipt. Two notices are required for valid dismissal.
Another requirement is the opportunity to be heard in a hearing/conference where the employee charged is given a chance to bring along his counsel or support person, if he so desires.
Two Notices for Termination Employers must first serve two written notices and conduct a hearing in order to comply with the due process requirements for termination of employment.
First notice – The first written notice must contain:
- the specific cause/s or ground/s for termination 14 Forms, Notices & Contracts
- detailed narrative of the facts and circumstances that will serve as basis for the charge against the employee
- reference to the specific company rule, if any, or grounds under Article 282 of the Labor Code, which is being charged against the employee
- directive for the employee to submit a written explanation within a reasonable period.
Second notice – After hearing and a determination that termination is justified, the employer must serve a written Notice of Termination stating that:
- all circumstances surrounding the charge against the employee have been considered; and
- grounds cited against the employee have been established and which justify the decision to terminate employment.
Service of the two notices is not a mere technicality but a requirement for due process.
While there is no prescribed form for the notices, they must be in writing and sufficiently inform the employee of the specific charge/s against him, that an investigation will be conducted on the charges and that the penalty of dismissal may be imposed if charges are proven to be true. It is essential that the employee be dismissed on the same grounds mentioned in the first notice.
(Source: Book on Human Resource Forms, Notices & Contracts Volume 2 by Atty. Elvin B. Villanueva, pp. 12-14)