Sexual Intercourse Inside Company Premises Sample Notice to Explain
Sexual intercourse inside company premises is a serious misconduct and ground for dismissal of employee. Issuance of the Notice to Explain is one of the procedural steps required for employee dismissal.
The form below is based on the book Human Resource Forms, Notices & Contracts Volume 2 (pp. 158-159).
Form No. 89 Notice to Explain (First Notice) – Sexual intercourse within the company premises
To : Name of Employee
From : Human Resources Manager or other authorized officer
Subject : Sexual intercourse within company premises
Date : (Date of issuance of Notice)
The following incident has been brought to our attention for appropriate action: On _____________, at around ____________________, the security guard-on-duty conducted a routine security inspection of the offices after office hours as part of his duties. During the said inspection, the security guard, __________ (name of guard on duty) opened the door to your office and saw you and another employee, ________________, in the act of sexual intercourse on top of the table in your office.
You and your companion noticed the security guard’s presence and immediately got dressed and retrieved your belongings to leave the office. The same security guard recorded the incident in a written report dated _____________. In this connection, we direct your attention to the company manual, particularly section ________ which prohibits sexual intercourse in the office premises.
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.
For your strict compliance .
Very truly yours,
_________________
(Name and signature of authorized signatory)
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