NTE 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...

Tag - NTE

Standards to Observe in Alleging Offenses in the Notice to Explain

Notice to Explain (NTE): Contents and Requirements

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

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