Reply to the Notice to Explain Should be Made at Least Five Calendar Days from Receipt of NTE
Reply to the NTE of the employee can be submitted by the employee being charged at least five calendar days from his receipt of the notice.
The post below is based on the book Guide to Valid Dismissal of Employees Second Edition.
Cite the Labor Code provisions with accuracy under the re-numbered version pursuant to R.A. 10151 and DOLE Dept. Advisory 01, Series of 2015. Now available Labor Code 2017 by Atty. Villanueva.
The law mandates that every opportunity and assistance must be accorded to the employee by the management to enable him to prepare adequately for his defense.
The decision to dismiss must come only after the employee is given a reasonable period from receipt of the first notice within which to answer the charge and ample opportunity to be heard and defend himself with the assistance of a representative, if he so desires.
The decision to dismiss must come only after the employee is given a reasonable period from receipt of the first notice within which to answer the charge and ample opportunity to be heard and defend himself with the assistance of a representative, if he so desires.
The reasonable period is not specified in the Labor Code. In one case, the Supreme Court considered the twoday period given to the employee to explain and answer the charges against her as most unreasonable, considering that she was charged with several offenses and infractions (35 absences, 23 half-days and 108 tardiness), some of which were allegedly committed almost a year before, not to mention the fact that the charges leveled against her lacked particularity. Apart from chronic absenteeism and habitual tardiness, petitioner was also made to answer for loitering and wasting company time, getting salary of an absent employee without acknowledging or signing for it and disobedience and insubordination.
The Supreme Court interpreted the “reasonable opportunity” under the Omnibus Rules means every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense.
The Court further said that “reasonable period” should be construed as a period of at least five (5) calendar days from receipt of the notice to give the employees an opportunity to study the accusation against them, consult a union official or lawyer, gather data and evidence, and decide on the defenses they will raise against the complaint.
Comments (41)
Google
Below youll locate the link to some websites that we consider you ought to visit.
how i grow my penis instantly
[…]just beneath, are many totally not associated web-sites to ours, having said that, they may be certainly really worth going over[…]
it doktor freienbach
[…]Sites of interest we’ve a link to[…]
understanding the stock market
[…]below you will uncover the link to some web sites that we assume it is best to visit[…]
kruideniertje
[…]please take a look at the web pages we comply with, which includes this one, because it represents our picks in the web[…]
Research Chemicals for Sale
[…]one of our guests recently suggested the following website[…]
scrap car pick up
[…]the time to read or pay a visit to the content or web-sites we’ve linked to beneath the[…]
bathmate
[…]just beneath, are several totally not related web pages to ours, however, they are surely worth going over[…]
penis pump review
[…]please visit the sites we adhere to, including this a single, as it represents our picks from the web[…]
best thrusting rabbit
[…]Sites of interest we have a link to[…]
learn more
[…]that could be the finish of this write-up. Right here youll uncover some websites that we believe youll enjoy, just click the hyperlinks over[…]
virtual card buy with cryptocurrency
[…]one of our guests not too long ago encouraged the following website[…]
Oahidur Islam Roman
[…]very couple of web-sites that take place to be in depth below, from our point of view are undoubtedly properly really worth checking out[…]
how to stop premature ejaculation
[…]very handful of sites that happen to be comprehensive below, from our point of view are undoubtedly effectively really worth checking out[…]
Pinball machines for sale
[…]The facts talked about in the write-up are a few of the most beneficial out there […]
buy magic mushrooms
[…]Every when in a whilst we opt for blogs that we read. Listed below would be the most up-to-date web-sites that we pick […]
Bubblegum Haupia Strain
[…]Here are a number of the web-sites we recommend for our visitors[…]
Platinum haupia
[…]The facts mentioned inside the article are a number of the top readily available […]
Haupia strain
[…]Here is an excellent Weblog You may Uncover Interesting that we Encourage You[…]
Bubble hash
[…]Here is a superb Blog You may Uncover Intriguing that we Encourage You[…]
Moroccan hash
[…]Wonderful story, reckoned we could combine a handful of unrelated data, nevertheless seriously really worth taking a appear, whoa did one find out about Mid East has got a lot more problerms also […]
Litto disposable
[…]always a major fan of linking to bloggers that I adore but do not get quite a bit of link like from[…]
Bubble hash
[…]here are some hyperlinks to web sites that we link to because we feel they are really worth visiting[…]
… [Trackback]
[…] Read More here on that Topic: lvsbooks.com/reply-notice-explain-made-least-five-calendar-days-receipt-nte/ […]
… [Trackback]
[…] There you will find 27274 more Info to that Topic: lvsbooks.com/reply-notice-explain-made-least-five-calendar-days-receipt-nte/ […]
… [Trackback]
[…] There you will find 59981 more Information to that Topic: lvsbooks.com/reply-notice-explain-made-least-five-calendar-days-receipt-nte/ […]
… [Trackback]
[…] Information on that Topic: lvsbooks.com/reply-notice-explain-made-least-five-calendar-days-receipt-nte/ […]
… [Trackback]
[…] Info to that Topic: lvsbooks.com/reply-notice-explain-made-least-five-calendar-days-receipt-nte/ […]
… [Trackback]
[…] Find More here on that Topic: lvsbooks.com/reply-notice-explain-made-least-five-calendar-days-receipt-nte/ […]
… [Trackback]
[…] Find More here to that Topic: lvsbooks.com/reply-notice-explain-made-least-five-calendar-days-receipt-nte/ […]
… [Trackback]
[…] Here you can find 62307 additional Information on that Topic: lvsbooks.com/reply-notice-explain-made-least-five-calendar-days-receipt-nte/ […]
… [Trackback]
[…] Find More here on that Topic: lvsbooks.com/reply-notice-explain-made-least-five-calendar-days-receipt-nte/ […]
… [Trackback]
[…] Find More Info here to that Topic: lvsbooks.com/reply-notice-explain-made-least-five-calendar-days-receipt-nte/ […]
… [Trackback]
[…] Find More Information here on that Topic: lvsbooks.com/reply-notice-explain-made-least-five-calendar-days-receipt-nte/ […]
… [Trackback]
[…] Info on that Topic: lvsbooks.com/reply-notice-explain-made-least-five-calendar-days-receipt-nte/ […]
… [Trackback]
[…] Find More Info here on that Topic: lvsbooks.com/reply-notice-explain-made-least-five-calendar-days-receipt-nte/ […]
… [Trackback]
[…] Find More Info here to that Topic: lvsbooks.com/reply-notice-explain-made-least-five-calendar-days-receipt-nte/ […]
… [Trackback]
[…] There you can find 12219 additional Info on that Topic: lvsbooks.com/reply-notice-explain-made-least-five-calendar-days-receipt-nte/ […]
… [Trackback]
[…] Find More to that Topic: lvsbooks.com/reply-notice-explain-made-least-five-calendar-days-receipt-nte/ […]
… [Trackback]
[…] Here you can find 88892 more Information to that Topic: lvsbooks.com/reply-notice-explain-made-least-five-calendar-days-receipt-nte/ […]
… [Trackback]
[…] There you can find 89634 more Information to that Topic: lvsbooks.com/reply-notice-explain-made-least-five-calendar-days-receipt-nte/ […]
Comments are closed.