Porn Uploaded Using Company Computer – Notice to Explain
Porn uploaded to the Internet using company’s resources may be ground for disciplinary action.
The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2 (pp. 169-170) by Atty. Villanueva.
Form No. 95 Notice to Explain (First Notice) – Uploading personal porn video on Internet
To : Name of Employee
From : Human Resources Manager or other authorized officer
Subject : Uploading personal porn video on Internet
Date : (Date of issuance of Notice) The following incident has been brought to our attention for appropriate action:
On _____________, the company’s computer network administrator conducted a routine maintenance and inspection of the office computers and discovered several pornographic files stored in your company-assigned computer.
In particular, these files contained videos showing you in various compromising positions and nudity. An examination of the Internet cache of your computer revealed several activities of uploading personal pornographic material at porn websites such as ________.
In this connection, we direct your attention to the company manual, particularly section ________ which prohibits uploading of pornographic material including videos on the Internet using company property.
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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