Notice to Explain Archives - LVS Rich Publishing

19 Sep

Standards to Observe in Alleging Offenses in the Notice to Explain

Issuance of the Notice to Explain (NTE) is one of the steps required in employee dismissal. At least, insofar as avoiding payment of indemnity is concerned for violation of procedural due process. Not observing the proper NTE may also impress upon the tribunal the haphazard nature of the employer in issuing such legal requirement. The last thing that an employer, as respondent in a case, wants is to have a wrong impression in the eyes of the labor tribunal. So, should [...]

By Atty Elvin Labor Law atty. elvin, dismissal, Just Cause, labor, Labor Code, labor law, Notice to Explain, NTE, procedural due process, termination 0 Comments Read more...

17 Mar

Notice to Explain (NTE): Contents and Requirements

Notice to explain or NTE is one of the requirements to complete the procedural due process in employee dismissal. In the case of King of Kings Transport, Inc. vs. Mamac, the Supreme Court (SC) said that the first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. In order to enable the [...]

By Atty Elvin Labor Law atty. elvin, dismissal, labor, Labor Code, labor law, Notice to Explain, NTE, procedural due process, termination 128 Comments Read more...

04 Jun

Notice to Explain vs. Investigation Report: Does the Company Need to have Both?

Notice to Explain (NTE) is one of the steps required in employee discipline. Most importantly it is mandatory to be issued in the case of employee termination. NTE is part of the procedural due process mandated by law. Not to make the valid termination illegal but to ensure that the right to due process is respected. Failure to issue the NTE violates this process and renders the employer liable for indemnity in the form of nominal damages. In some establishments, especially [...]

By Atty Elvin Labor Law atty. elvin, employee discipline, Just Cause, labor, Labor Code, labor law, Notice to Explain, NTE, procedural due process 12 Comments Read more...

08 Aug

Remedy when Employee Refused to Receive the Notice to Explain (NTE)

The Notice to Explain or NTE is one of the documents required or needed to serve to an employee who is under investigation for violation of company rules. It is served whether or not the violation is punishable with light penalties or even dismissal. Light penalties refer to warning or suspension which is less grave than dismissal. The service of NTE is part of the procedural due process requirements. As opposed to substantive, procedural due process refers to the procedure involved in [...]

By Atty Elvin Labor Law Notice to Explain, NTE, procedural due process 16 Comments Read more...

05 Aug

Additional Charges in the Notice of Termination Require New NTE

The additional grounds cited in the notice of termination which were not mentioned in the NTE issued to the employee violated the right to be informed of the administrative charges against her. The NTE and the notice of termination did not state the specific acts that constituted breach of company policies resulting in loss of trust and confidence and the specific company policies that were violated. As opposed to substantive, procedural due process refers to the procedure involved in the [...]

By Atty Elvin Labor Law loss of trust and confidence, Notice to Explain, procedural due process 16 Comments Read more...

09 Jul

How to Respond to a Notice to Explain (NTE)

A Notice to Explain (NTE) is a written charge of the employer requiring the employee to explain his side on the allegation of violation of company policies, rules, and procedures, etc. In other companies, NTE is also called Show-Cause Memorandum (SCM), Show-Cause Order (SCO) or any other term. There is no hard-and-fast rule as to the name of this memo or letter to employee. The bottom line is that it is a charge sheet demanding explanation. What is the reason why [...]

By Atty Elvin Labor Law Notice to Explain 14 Comments Read more...

13 Feb

Notice To Explain Theft With Preventive Suspension (Filipino/Tagalog)

Notice to Explain (NTE) for theft is shown here to guide HR Practitioners, owners and business managers of the procedural due process requirements involving cases of theft inside the company premises. The Revised Penal Code generally defines theft as an act committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent. (page 124, Guide to Valid Dismissal of Employees [...]

By Atty Elvin Sample Forms Notice to Explain 13 Comments Read more...

06 Feb

How To Serve Notice of Disciplinary Proceeding to Employee (With Sample Transcript in English and Filipino)

An employee who is suspected of having committed an offense may be subjected to disciplinary process. A corresponding penalty may be imposed if he is found guilty of the offense which may even involve dismissal from service. Under Article 292 [formerly 277] of the Labor Code, an employee to be dismissed should be issued two notices: the notice to explain and the notice of dismissal. There is another requirement which is the holding of hearing/conference if the employee requests for [...]

By Atty Elvin Labor Law, Uncategorized Notice to Explain 14 Comments Read more...

25 Feb

Notice to Explain Theft of Co-Employee’s Property

Notice to explain is one of the requirements to satisfy the procedural due process in employee dismissal. The post below is based on the book Human Resource Forms, Notices & Contracts Volume 2 by Atty. Elvin B. Villanueva. Form No. 141 Notice to Explain (First Notice) – Stealing co-employee’s handbag To : CLIFF T. MANIA Encoder From : HR Date : _____________________ Subject : Notice to Explain On _______, Ms. Bagh A. Dict informed the Security Office and HR regarding the [...]

By Atty Elvin Labor Law, Sample Forms Notice to Explain 8 Comments Read more...

01 Jan

Notice to Explain Use of Prohibited Drugs

Notice to explain for the use of prohibited drugs should be issued to properly and validly discipline employees. In this post, a sample notice is provided which will lead to dismissal of employee. This is based on the book Human Resource Forms, Notices and Contracts Volume 2 by Atty. Villanueva. Form No. 48 Notice to Explain (First Notice) – Using prohibited drugs First Notice To : Name of Employee From : Human Resources Manager or other authorized officer Subject : Using [...]

By Atty Elvin Labor Law Notice to Explain, prohibited drugs 16 Comments Read more...

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