Notice to Explain Possession of Drug Paraphernalia
Notice to explain is the first notice to be served for the dismissal of employee. Prohibited drugs or paraphernalia possessed, used, or trafficked inside the company premises may lead to employee dismissal.
Dangerous Drugs Act or RA 9165, as amended, was enacted as a measure to stamp out illegal drug in the country and thus protect the well-being of the citizens, especially the youth, from the deleterious effects of dangerous drugs. (Social Justice Society vs. Dangerous Drugs Board and Philippine Drug Enforcement Agency [PDEA]).
To dismiss an employee based on this ground, assuming all the required testings have been performed, the procedural due process should be observed. The first step is to issue the Notice to Explain.
The post below is based on the book Human Resource Forms, Notices & Contracts Volume 2 (71-72).
Form No. 38 Notice to Explain with Preventive Suspension – Possession of Drug Paraphernalia
To : TUTHER T. OTERO
From : HR
Date : __________________
Subject : NOTICE TO EXPLAIN WITH PREVENTIVE SUSPENSION
The Security Office submitted a report stating that on _________, Security Officer Teodoro Huliro caught you in possession of a drug paraphernalia.
As a security measure, employees leaving the warehouse are required to undergo search upon entry and exit thereof. On said date, when your knapsack bag was inspected, Mr. Huliro found what is known as tooter inside your bag.
He asked you about it and you said that it is not yours. The guard then logged the incident and submitted a report about it. Under Section 2H of the Code of Conduct, possession of drug paraphernalia is punishable with dismissal.
If proven, it is also a ground for dismissal under Article 282 of the Labor Code, as amended. In this regard, please explain in writing within five (5) days from receipt of this notice why no disciplinary action should be imposed upon you for the above. Failure on your part to submit your explanation within the prescribed period shall be deemed waiver of your right to due process.
Considering that the offense poses serious and imminent threat on the life of your co-employees, you are hereby being placed on preventive suspension for a period not to exceed thirty (30) days from receipt of this notice.
For your compliance.
RAYMART SARCIADO
HR Manager
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