Notice to explain sample, and the twin-notice rule step by step

A notice to explain sample and a notice of decision sample, with what each must contain under the twin-notice rule, the five-day period and the hearing.

Updated · 7 min read · Figures computed with the Payslip.ph payroll engine on the 2026 rules

Before an employee is disciplined or dismissed for misconduct, Philippine law requires two written notices: one that tells them what they are charged with and asks for their side, and one that tells them the decision. This is the twin-notice rule. The samples below follow what the Supreme Court has said each notice must contain.

In short
  • Notice to explain (NTE): the charge, the facts and the rule broken, with at least five calendar days to answer.
  • A chance to be heard: a written explanation, and a hearing when asked for or when the facts are disputed.
  • Notice of decision (NOD): the findings and the penalty, served even if the employee did not answer.
  • Skipping a step costs ₱30,000 in nominal damages even when the dismissal was justified.

The steps

StepWhat happensKeep in the 201 file
1. Incident reportWhoever saw it writes what happened, when and who was thereThe report, photos, CCTV, witness statements
2. Notice to explainServed on the employee with at least five calendar days to answerThe NTE with the date and how it was received
3. ExplanationThe employee answers in writing, alone or with counsel or a union representativeThe written explanation
4. Hearing (when needed)Held when the employee asks, when the facts are disputed or when company rules require itMinutes signed by those present
5. Notice of decisionStates the facts found, the rule broken and the penaltyThe NOD with the date served

What a notice to explain must contain

In King of Kings Transport v. Mamac, the Supreme Court said the first notice must contain:

  • the specific acts the employee is charged with, not a general reference to “misconduct”
  • a detailed narration of the facts: what happened, when and where
  • the company rule or the ground under Article 297 that the acts violate, and whether dismissal is being considered
  • a reasonable period to answer in writing, which the Court set at at least five calendar days from receipt

Notice to explain sample

Sample · Notice to explain

November 5, 2026

To: Juan P. Santos, Warehouse Supervisor

Subject: Notice to explain

On October 28, 2026, at about 3:15 p.m., you were seen by the security guard on duty, Mr. Ramon Cruz, loading two boxes of company stock (item no. 4471, 24 units each) into a private vehicle at the warehouse exit without a gate pass. The stock count on October 29 found 48 units of item no. 4471 missing.

If true, these acts violate Section 3.2 of the Code of Conduct (taking company property without authority), which carries the penalty of dismissal on the first offense, and may constitute serious misconduct and fraud under Article 297 of the Labor Code. Dismissal is being considered.

You are directed to explain in writing why no disciplinary action, including dismissal, should be taken against you. Submit your written explanation to the HR office within five (5) calendar days of receiving this notice, or by November 10, 2026. You may attach any documents and name any witnesses, and you may consult a lawyer or a union representative. You may also ask in writing for a hearing.

If you do not submit an explanation by that date, the company will decide on the basis of the evidence on hand.

Ana P. Reyes
HR and Admin Manager

Received by: ______________________ Date and time: ______________

Count the days from receipt
The five days start when the employee receives the notice, so record the date and time it was received. If the employee refuses to sign, have a witness note the refusal, or send it by registered mail or courier to their address on file.

Is a hearing required?

Not always. Perez v. PT&T held that “ample opportunity to be heard” means a fair chance to explain, which a written answer can give. A formal hearing or conference is required when the employee asks for one in writing, when the facts are seriously disputed and cannot be settled on paper, or when the company's own rules or practice provide for one. When in doubt, hold one and keep the minutes.

Notice of decision sample

Sample · Notice of decision

November 14, 2026

To: Juan P. Santos, Warehouse Supervisor

Subject: Notice of decision

On November 5, 2026, you received a notice to explain the removal of 48 units of item no. 4471 from the warehouse on October 28, 2026. You submitted your written explanation on November 9, 2026, and a hearing was held at your request on November 12, 2026, attended by you, your representative, Mr. Ramon Cruz and the undersigned.

After considering your explanation, the guard's statement, the CCTV footage and the October 29 stock count, the company finds that you took the stock without authority, in violation of Section 3.2 of the Code of Conduct. This is serious misconduct and fraud under Article 297 of the Labor Code.

You are therefore dismissed effective November 15, 2026. Your final pay will be released within 30 days after you complete your clearance, and a certificate of employment will be issued upon your request.

Ana P. Reyes
HR and Admin Manager

Received by: ______________________ Date and time: ______________

Preventive suspension

When an employee's presence poses a serious and imminent threat to life or property, or to coworkers, they can be placed on preventive suspension while the case is investigated. It may last at most 30 days. If the investigation needs longer, the employee is reinstated or kept on suspension with pay. Preventive suspension is not a penalty, so it must not be counted as one in the decision.

Authorized causes use different notices

Redundancy, retrenchment, closure and disease are authorized causes, not misconduct. They need a written notice to the employee and to DOLE at least 30 days before the separation date, and separation pay. Use the separation pay calculator for the amount. Skipping those notices costs nominal damages of ₱50,000 (Jaka Food Processing v. Pacot).

Keeping the record

Every notice, explanation and set of minutes belongs in the employee's 201 file. In Payslip.ph, a discipline case keeps the steps in order: the notice to explain cannot give fewer than five calendar days, the decision waits for the answer or the deadline, and a suspension in the decision flows into payroll as unpaid days.

Separation pay calculatorFree, no account needed, on the same engine as Payslip.ph.

Common questions

What is a notice to explain?

The first of the two written notices before an employee is disciplined or dismissed for a just cause. It states what the employee is charged with, the facts and the rule broken, and gives at least five calendar days to answer in writing.

How many days does an employee have to answer a notice to explain?

At least five calendar days from receipt, following King of Kings Transport v. Mamac. A shorter period can make the dismissal procedurally defective.

Is a hearing required?

Not always. The Supreme Court held in Perez v. PT&T that a formal hearing is required only when the employee asks for one in writing, when there are substantial factual disputes, or when company rules or practice call for one. Otherwise, a fair chance to answer in writing is enough.

What happens if the employer skips a notice?

If there was a just cause, the dismissal stands but the employer pays nominal damages, set at ₱30,000 in Agabon v. NLRC. Without a just cause, it is an illegal dismissal with reinstatement and back wages.

Can the employee be suspended while the case is investigated?

Yes, by preventive suspension, when their presence poses a serious and imminent threat to life or property or to coworkers. It may last at most 30 days; after that the employee is reinstated or paid while the investigation continues.

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