How to Serve the Notice to Explain

A Notice to Explain (NTE) is required to be sent to the employee as part of the two-notice rule. This is an important component of employee dismissal as mandated by law.

Basically, an NTE apprises the employee about the offense being charged. In case of termination, the notices shall be served on the employee’s last known address. This is usually found in the HR databases or 201 file. It is a good practice to update these records or to require employees to provide changes in their personal information.

As a good practice, it is suggested that employers should update the 201 file by requiring employees to update their records periodically especially their place of residence. There are instances wherein employees change residence without informing HR and in effect not updating the 201 file. In such case, whenever a notice is sent to them they would claim that they did not receive it because it was sent to the wrong address.

Learn how to Validly Terminate Employee in the Philippines with this Tutorial Video of Atty. Elvin

Read more on procedural due process discussion by Atty. Elvin:

Read more on procedural due process by Atty. Villanueva:

Twin Requirements of Notice and Hearing

Procedural Due Process for Other Types of Employment

Notice to Explain: Contents and Requirements

For example, the company may issue a notice every six months to employees asking them to update their personal information. Attached to such notice is the form containing entries related to such

information including the employee’s address. The employer may issue a warning that failure of the employee to fill out the form and submit to HR within the prescribed period it shall be deemed that the employee is retaining his record on file.