Notice to Explain

Notice to explain (NTE) is one of the written documents referred to in the two-notice rule by court decisions. In the case of Distribution & Control Products, Inc. vs. Santos, G.R. No. 212616, July 10, 2017 the Supreme Court (SC) held that the settled rule is that in termination proceedings of employees, procedural due process […]

AWOL or absence without official leave constitutes neglect of duty. It has disciplinary consequences on the part of the employee. However, it does not mean that if an employee is on AWOL status he is already terminated from service. AWOL usually constitutes violation of the company policies on vacation leave, sick leave, emergency leave, or […]

Procedural due process is one of the requirements in employee dismissal. This simply involves the two-notice rule and the twin requirements. The two-notice rule refers to the two notices required in employee dismissal. These are the first notice or Notice to Explain / NTE or Show Cause, etc., and the Notice of Dismissal, Notice of […]

The Philippine labor laws traditionally require the service of notice to employees to be in writing. A written document is the best possible way to prove performance of legal duties by the employer in such case. Especially in the case of employee dismissal, the law strictly requires adherence to the notice requirements and imposes indemnity […]

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 […]

Sample templates are provided, with discussion of the rules to guide employers, HR Managers, and business owners of the right procedure in terminating employees who committed dismissible offense against the company. “Dismissible offense” means violation of company rules where the penalty is dismissal from service. Under the law and rules, this requires observance of procedural […]

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 […]