Notice to Explain For Downloading Pornographic Video
Notice to Explain for an offense involving the downloading of pornographic video is provided to guide practitioners of the procedural due process on employee dismissal.
The post below is based on the book Human Resource Forms, Notices & Contracts Volume 2 (pp. 96-97) by Atty. Villanueva.
Form No. 56 Notice to Explain (First Notice) – Downloading pornographic video
To : Name of Employee
From : Human Resources Manager or other authorized officer
Subject : Downloading pornographic video
Date : (Date of issuance of Notice)
The incident which occurred in the premises of the office has been brought to our attention.
That on various occasions, particularly on the following dates: _______ (date) _________, you were caught downloading pornographic video using the Companyassigned computer. Downloading pornographic video is strictly prohibited and is an unauthorized use of Company resources.
It constitutes serious misconduct, which is a just cause for terminating employment under 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 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)
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