Notice To Explain – Sample Notice for Lewd Acts Inside Company Premises

Notice To Explain – Sample Notice for Lewd Acts Inside Company Premises

Notice to Explain involving lewd acts performed by employee inside company premises is shown below.

The post is based on the book Human Resource Forms, Notices and Contracts Volume 2.

Form No. 87 Notice to Explain (First Notice) – Performing lewd acts inside company premises

To : Name of Employee

From : Human Resources Manager or other authorized officer

Subject : Performing lewd acts inside company premises Date : (Date of issuance of Notice)

The following incident has been brought to our attention for appropriate action: On _____________, at around ____________________, the security guard-on-duty conducted a routine security inspection of the offices after office hours as part of his duties.

During the said inspection, the security guard, __________ (name of guard on duty) opened the door to your office and saw you kissing and fondling another employee, ________________ (name of employee).

You and your companion noticed the security guard’s presence and immediately got dressed and retrieved your belongings to leave the office. The same security guard recorded the incident in a written report dated _____________.

In this connection, we direct your attention to the company manual, particularly section ________ which prohibits performing lewd acts in the office premises. A violation of the said provision may constitute serious misconduct which is one of the just causes for termination of employment 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 acts 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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