Sample Notice to Explain – Using Shabu or other Prohibited DrugsAtty Elvin
Sample Notice to Explain is being shared to illustrate the procedural due process where an employee is caught using shabu. Take note however, that the company policies should be clearly established to support this procedure.
You can get sample policy on prohibited drugs from the book How to Design and Formulate Company Code of Discipline by Atty. Elvin B. Villanueva.
The post below is based on the book also written by Atty. Villanueva, HR Forms, Notices and Contracts Volume 2 (pp. 82-83).
To : Name of Employee
From : Human Resources Manager or other authorized officer
Subject : Using shabu
Date : (Date of issuance of Notice)
The incident which occurred in the premises of the office has been brought to our attention.
In particular, it appears that on or about ________ (time) on ________ (date), you were caught using “shabu” in the company premises and during working hours.
In this connection, the use of shabu in the Company premises and during working hours 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)