Sample Notice to Explain: Fighting Inside the Company is a Serious Misconduct

Sample Notice to Explain: Fighting Inside the Company is a Serious Misconduct

Sample Notice To Explain: fighting inside company premises.

Fighting is a serious misconduct and is ground for dismissal except where the employee involved is just defending himself. Hence, the circumstances of the case will determine the proper penalty to be imposed.

Serious misconduct is a dismissible offense under Article 282 [now Article 297] of the Labor Code, as amended.

Below is a sample Notice to Explain (NTE) for this offense based on the book Human Resource Forms, Notices & Contracts Vol. 2.

Initiating a fist fight inside company premises Fighting within work premises is a valid ground for termination of employment because it adversely affects the employer’s interests by distracting employees, disrupting operations, and creating a hostile work environment.

Not all fights within company premises will warrant termination of employment such as when the employee: 1. did not instigate the fight and

2. was merely constrained to defend himself against physical attack

Form No. 15 Notice to Explain (First Notice) – Initiating a fist Fight


From : HR Date : ___________________


On ____________, you were involved in a fist fight with another employee in the basement parking of the company building.

The incident was captured in a CCTV and the security guards on duty correspondingly issued a Report stating that you assaulted first Mr. Depen Siba. Under Section 45 of the company’s Code of Conduct and Article 282 of the Labor Code, as amended, the act is punishable with dismissal if proven.

In this regard, please explain in writing within five (5) calendar days from receipt of this notice why no disciplinary action should be imposed upon you for such act.

Failure on your part to submit your written explanation within the prescribed period shall be deemed waiver on your part of due process. Please be guided accordingly.


Manager, HR

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