Notice to Explain (NTE) for Workplace Infraction

[COMPANY LETTERHEAD / LOGO] CONFIDENTIAL — NOTICE TO EXPLAIN (NTE) DATE: [DATE OF ISSUANCE] TO: [EMPLOYEE FULL NAME] [EMPLOYEE POSITION / TITLE] [DEPARTMENT / BRANCH] FROM: [HR MANAGER / AUTHORIZED OFFICER NAME] Human Resources Department SUBJECT: NOTICE TO EXPLAIN AND SHOW CAUSE REGARDING ALLEGED INFRACTION (Ref. Case / Incident No. [CASE NUMBER, if applicable]) Dear [MR./MS. EMPLOYEE LAST NAME]: This Notice is formally issued to you in compliance with the constitutional and statutory requirements of procedural due process under the Labor Code of the Philippines and DOLE Department Order No. 147-15. It has been reported and brought to the attention of Management that you allegedly committed the following act(s) or omission(s): 1. SPECIFIC INCIDENT AND FACTS: On or about [DATE AND TIME OF INCIDENT], at [EXACT LOCATION / OFFICE], you allegedly [STATE CLEAR, DETAILED CHRONOLOGICAL FACTS OF THE SPECIFIC ACT COMMITTED, e.g. failed to report to your scheduled shift without prior approved leave / engaged in an altercation with a coworker / failed to account for company funds amounting to ₱___]. 2. COMPANY CODE OF DISCIPLINE / STATUTORY PROVISIONS INVOLVED: The aforementioned act(s), if proven true, constitute violations of: - Section [__], Rule [__] of the Company Code of Discipline: "[EXACT TITLE/TEXT OF RULE]"; - Article 297 of the Labor Code: [SPECIFY JUST CAUSE, e.g. Serious Misconduct / Willful Disobedience / Gross and Habitual Neglect of Duty]. IN VIEW OF THE FOREGOING, you are hereby directed to submit a WRITTEN EXPLANATION within FIVE (5) CALENDAR DAYS from your receipt of this Notice (or on or before [STATE DEADLINE DATE]), stating why no disciplinary action, including suspension or dismissal from employment, should be taken against you. Please be informed of your rights under the law: a) You have the right to consult and be assisted by legal counsel or an employee representative of your choice during this administrative process; b) You have the right to submit affidavits, documentary evidence, and identify witnesses to support your written explanation; c) You may request a formal administrative hearing if you deem it necessary to further explain your side. Failure on your part to submit your written explanation within the designated five (5) calendar days shall be deemed a waiver of your opportunity to explain your side, and Management shall resolve the matter based solely on the evidence on record. For your strict compliance. Sincerely yours, ________________________________________ [SIGNATURE OF HR MANAGER / OFFICER] [PRINTED NAME OF HR MANAGER / OFFICER] Human Resources Department [COMPANY NAME] --- ACKNOWLEDGMENT RECEIPT (Mandatory): I hereby acknowledge receipt of this Notice to Explain on [DATE OF RECEIPT] at [TIME OF RECEIPT]. I understand that I am given five (5) calendar days from today to submit my written explanation. ________________________________________ Employee Signature over Printed Name [ ] Employee refused to sign acknowledgment. Witnesses to Delivery: Witness 1: ____________________________ Signature: __________________ Date: _________ Witness 2: ____________________________ Signature: __________________ Date: _________