The
issuance of the Notice to Explain is a legal requirement as part of the due
process of termination but even it’s not the case of termination, you’d better
follow the procedure for documentation purpose.
The
employer must provide the employee at least 5 calendar days from receipt of the
notice to study the accusation, consult a union official or lawyer, gather data
and evidence, and decide on the defenses against the complaint.
Furthermore,
for sanctions of suspension or dismissal, the employer must conduct an
administrative hearing to ensure that ample opportunity is provided for the
employee to be heard. However, this may not be required if the
employee expressly admits to committing the infractions.
After
determining that the sanction of suspension or dismissal is justified, the
employer shall serve the employee the 2nd written notice indicating
that all circumstances involving the charge against the employee have been
considered; and the grounds have been established to justify the
corresponding sanction.
● Prepare
2 copies of the Notice to Explain (NTE)
● Serve
the NTE to the charged employee with a witness
● Have
the charged employee to fill up and sign the ‘Acknowledgement Receipt of
Notice’ on the company’s copy of the NTE
● If
the charged employee refuses to sign, the ‘Serving Officer’ shall fill up and
sign on behalf of the charged employee with a note ‘Employee Refused to
Receive’
● Send
a registered mail of the NTE to the charged employee last known address
● Keep
the copy of the receipt of the registered mail for documentation purpose
● Have
the witness to fill up and sign the ‘Witness to the Service of this Notice’
● Keep
a copy of the NTE for documentation purpose