Smoking Inside Company Premises – Notice to Explain
Smoking inside company premises may cause for disciplinary action.
The sample notice below is based on the book Human Resource Forms, Notices & Contracts Volume 2 by Atty. Villanueva (pp. 161-163).
Form No. 91 Notice to Explain (First Notice) – Smoking inside company premises
To : Name of Employee
From : Human Resources Manager or other authorized officer
Subject : Smoking inside company premises Date : (Date of issuance of Notice)
The following incident has been brought to our attention for appropriate action:
On _____________, at about _________________, the roving security guard, __________ (name of employee) went on a routine check of the company premises and noticed the smell of smoke coming from the fire exit on the 3rd Floor of the building. As the security guard approached the area, he discovered that you were smoking by the door of the said fire exit and quickly stopped and walked away when you noticed the guard’s presence.
On various occasions, particularly on _______________, _________, and ___________ (dates), your co-employees complained of your habit of smoking inside the office, the rest room and along the hallway outside your office respectively. In this connection, we direct your attention to the company’s Code of Conduct which contains specific provisions prohibiting smoking inside company premises.
Repeated violations of the said rule are analogous to serious misconduct which is a ground for termination 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 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.
Your compliance is strongly encouraged.
Very truly yours,
__________________
(Name and signature of authorized signatory
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