NTE stands or Notice to Explain is a formal document issued by an employer to an employee when there’s a need to address potential misconduct or policy violations. It is also the first step in the “twin notice rule” required by Philippine labor law before an employee is terminated.
It gives the employee a chance to explain their side before any disciplinary action is taken.
Content Requirements for NTE
As per Just Cause Procedure, an NTE must contain specific elements to be considered valid.
- It should clearly state the specific causes or grounds for potential termination as provided by the Labor Code, employment contract, or company policies.
- The notice must include a detailed narration of facts and circumstances that serve as the basis for the charge against the employee.
- It should contain a directive informing the employee of their opportunity to submit a written explanation within a reasonable period.
According to Philippine labor regulations, the employee should be given at least five calendar days from receipt of the notice to prepare and submit their explanation.
NTE Delivery to Employee
It is the duty of employer to ensure that the NTE is served properly to the employee and provide a “Proof of Service”. Without a proof of service, the NTE is not valid. The proof of service can be any of the following:
- Signed receiving copy from the employee
- Affidavit of Personal Service (if employee refuses to sign)
- Return Card from Registered Mail
- Return of Sealed Envelope with Postman’s Annotations
- Certification from the Philippine Post Office
For more details, refer to Employee termination in the Philippines or fill out the form below to get in touch with our experts.
