Sample Notice to Explain – Punching a Superior
Sample Notice to Explain an offense for punching a superior is a required procedure for employee dismissal charged with serious misconduct.
The sample NTE below is based on the book Human Resource Forms, Notices & Contracts Volume 2 (pp. 41-42) by Atty. Villanueva.
Form No. 19 Notice to Explain (First Notice) – Punching supervisor
To : Name of Employee
From : Human Resources Manager
Subject : Punching supervisor
Date : (Date of issuance of Notice)
The incident which occurred in the premises of the office has been brought to our attention. On or about ________ (time) on ________ (date) and at ________ (state specific place where incident occurred), you punched and hit the face of ______________ (name of supervisor) who is your immediate supervisor, causing injuries to the said employee.
In this connection, punching a supervisor in the company premises constitutes serious misconduct which is a just cause for termination of employment under 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 act 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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