How to fill in this notice to explain
- 1Company name
e.g. Golden Grains Rice Trading Corp. - 2Company address
e.g. Lot 7 MacArthur Hwy., Brgy. Sto. Cristo, San Fernando, Pampanga 2000 - 3Employee's full name
e.g. Joel T. Pangilinan - 4Position and department
e.g. Warehouse Checker, Logistics - 5Date
e.g. November 12, 2026 - 6Subject
e.g. Unauthorized release of stock
When to serve a notice to explain
Serve it as soon as you have enough facts to state a specific charge — an incident report, a CCTV clip, an audit finding. It starts the due process for any penalty from a written warning to dismissal. Do not decide the penalty yet; the decision comes in the second notice, after the employee's answer.
What the notice must say (King of Kings v. Mamac)
A vague notice — "you violated company policy" — is the most common reason a dismissal is found procedurally unfair. Write:
- The specific acts: the date, time and place, and what the employee did or failed to do.
- The company rule or Labor Code ground each act may violate, quoted or numbered.
- The penalty that may follow, including dismissal if that is what is being considered.
- At least five calendar days from receipt to answer in writing.
- That the employee may ask for a hearing or conference and bring a representative.
Serving it properly
Print two copies. Hand one to the employee and have them sign and date the other as received. If they refuse, have two witnesses note the refusal on your copy, or send it by registered mail or courier to their last known address and keep the receipt.
Questions people ask
What is the twin-notice rule?
Before an employee is dismissed or disciplined for a just cause, the employer must serve two written notices: this notice to explain, stating the specific charge and giving the employee a chance to answer, and — after considering the answer and any hearing — a notice of decision. Skipping either makes the penalty procedurally defective even when the cause is valid.
How many days must the employee get to explain?
At least five calendar days from RECEIPT of the notice, under King of Kings Transport v. Mamac and D.O. 147-15. That is why the paper has a "received by" line with the date and time: the five days start there.
Is a hearing required?
A formal hearing is required when the employee asks for one in writing, when there are facts in dispute, or when company rules require it. Otherwise a fair chance to answer in writing is enough. This notice offers a conference either way.
Is this legal advice?
No. It is the common Philippine format of a first notice. For a case that may end in dismissal, have HR or a labor lawyer check the facts and the company rule cited before serving it.
This page explains common practice and is not legal advice. Offices set their own rules — when in doubt, call ahead or ask your notary or lawyer.