Remedy when Employee Refuses to Sign or Receive Notice to Explain (NTE)

Notice to Explain (NTE) is a document issued by employer to employees to afford an opportunity for the latter to explain the charge. This is a disciplinary document employed when an offense is committed inside the company.

Service of the NTE may be done personally or through registered mail. Modern practices that are may be acceptable include sending electronically (through text, chat, or email). However, the sender must ensure that the accounts are indeed that of the employee and there prior conversations that would ensure usage of such account by the employee.

The usual issue is the refusal of some employees to sign any disciplinary notice. In this case, how should the employer ensure that the notices are received considering that it is mandatory requirement in dismissal cases?

The notice served personally should be presented before the employee and a copy left in front of him. In the receiving copy, the person serving should indicate “Refused to Receive” and print and sign his name thereon. He should indicate also the date and time of service.

Further, he should look for two witnesses to attest to the service who should sign therein with their

printed names.

As better practice, the employer should send a copy of the NTE to the last known address of the employee and keep a copy of the registry receipt for future use.

In case the dismissal is challenged and the case goes to labor court, the employer should require the one serving to execute an affidavit of service of such notice.

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

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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