Notice to Explain (NTE) Philippines (2024)

FAQs

How to properly answer an NTE? ›

Within the Philippine employment law landscape, receiving a Notice to Explain (NTE) from an employer signals the initiation of an administrative inquiry or disciplinary action. The purpose of an NTE is to give the employee an opportunity to present their side on a matter involving their conduct or performance.

An employer cannot legally refuse to accept a resignation, immediate or otherwise, as employment is a consensual relationship that either party may terminate. The employer's refusal does not invalidate the resignation.

Notice of Resignation

An employee who intends to resign is typically required to provide a written notice to the employer at least 30 days in advance. This notice period allows the employer sufficient time to find a replacement, thus minimizing disruption to the business.

A Notice to Explain (NTE) is a formal document issued by an employer to an employee who is suspected of violating company rules or policies. The NTE serves as an opportunity for the employee to explain their side before any disciplinary action is taken.

Terminating an employee during a probationary period

Issue a Notice to Explain (NTE). In this letter you should outline the violations and reasons why an employee is not fulfilling their employment contract. An employee has five days to respond to the Notice to Explain.

The 1^st Written Notice, otherwise known as the Notice to Explain, may also contain a directive for the employee to appear at a scheduled formal administrative hearing, at the discretion of the employer or when necessary as provided for by law.

The Labor Code outlines specific "just causes" for which an employer may terminate an employee. These include serious misconduct, willful disobedience, gross and habitual neglect of duties, fraud or willful breach of trust, and other similar grounds.

The term Notice To Explain is often shortened to NTE by HR personnel but employees may not know what it means and ask for the NTE meaning. It may also be called a Show Cause Memo or Show Cause Order. It is the start of the Admin Hearing Process under Just Cause.

How do I legally terminate an employee in the Philippines? ›

The best practice to dismiss an employee in the Philippines is to give the employee a notice letter a minimum of 30 days before effective termination. If the dismissal is due to authorized causes such as redundancy, retrenchment, or closure of the business, the employee is entitled to receive separation pay.

Illegal dismissal is the termination of employment or separation from employment without complying with due process of law. Illegal dismissal may result in reinstatement, full backwages, moral damages, exemplary damages, nominal damages, and attorney's fees.

Benefits Upon Resignation: In the Philippines, employees who voluntarily resign are typically entitled to certain benefits, including: Pro-rated 13th Month Pay: As long as an employee has worked for at least one month within the calendar year, they are entitled to receive this pay.

Health concerns, family emergencies, unsafe work environment and ethical differences are some valid reasons to quit without giving notice.

If you resign your job in California with at least 72 hours notice, you should receive your final paycheck on your last day of work. Otherwise, the employer has 72 hours to pay you after you give notice.

Your reply should be well-structured and easy to understand. Stick to the facts, avoid emotional language, and refrain from making speculative statements. Carefully address each claim or allegation made in the legal notice. Respond to them systematically, providing relevant information and evidence where necessary.