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Private and Confidential

(Date)

(Employee Name)
(Employee Address)

Dear (Employee Name),

Notice to Explain: (Subject)

This is to inform you that the following incident has been brought to our attention:

Provide a detailed description of the incident including the following:


- When was it committed
- Where was it committed
- What was the offence (include value of damage if applicable)
- Witness and evidence that were gathered
- Company rule and/ or the ground of under Art. 297 that is being charged

(Example: On 4 August, 2017, you had failed to report to work. Our record shows that your
absence was not authorized under an approved leave application. Your absence from work
without official leave has disrupted the office operations.

This is a violation of the Company’s Code of Conduct, Section I, paragraph F, ‘Unauthorized


Absences’. Based on our rules and regulations, the First Offense may be given a stern warning. You
are also hereby reminded that habitual absenteeism constitutes gross and habitual neglect of
duties, which is a ground of termination under the Labor Code.)

In view of the evidence presented against you, you are hereby required to submit a written
explanation within five (5) days from the receipt of this notice. In the event that you are found guilty
of the said charge(s), the Company may impose an appropriate penalty, including the termination of
your employment.

You are to note that your failure to submit the written explanation within the period provided
should be construed as a waiver of your right to be heard.

Your immediate attention to this matter is required.

Regards,
(Name of Disciplinary Officer)
(Position of Disciplinary Officer)
(Company Name)

ACKNOWLEDGEMENT RECEIPT OF NOTICE

Signature over Printed Name:

Date and Time:


WITNESS TO THE SERVICE OF THIS NOTICE

Signature over Printed Name:

Date and Time:

– Delete the below portion before service of the Notice to Explain –

Instruction for the Service of the Notice to Explain:


1. Prepare 2 copies of the Notice to Explain (NTE)
2. Serve the NTE to the affected employee with a witness
3. Have the affected employee to fill up and sign the ‘Acknowledgement Receipt of Notice’ on
the company’s copy of the NTE
a. If the affected employee refuses to sign, the ‘Serving Officer’ shall fill up and sign on
behalf of the affected employee with a note ‘Employee Refused to Receive’
b. Send a registered mail of the NTE to the affected employee last known address
c. Keep the copy of the receipt of the registered mail for documentation purpose
4. Have the witness to fill up and sign the ‘Witness to the Service of this Notice’
5. Keep a copy of the NTE for documentation purpose

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