Question of The Day: In the Philippines, is it procedurally correct for HR to issue a Notice to Explain (NTE) with preventive suspension without conducting a prior coaching session?

Introduction: Understanding the proper HR procedures, especially regarding the issuance of a Notice to Explain (NTE) with preventive suspension, is crucial for employees in the Philippines. This involves knowing whether prior steps like coaching sessions are legally required before such actions.

Guidance and Support: Navigating HR protocols, particularly when facing disciplinary action like an NTE with preventive suspension, can be challenging. It's important to understand the legalities and standard procedures involved.

Legal Overview: In Philippine labor law, the process of discipline and the issuance of an NTE should follow the principles of due process. This typically includes informing the employee of the specific complaint or issue and giving them the opportunity to explain or defend themselves. However, there is no specific legal requirement for a coaching session before issuing an NTE or implementing a preventive suspension. Preventive suspension is used to prevent an employee from causing harm to the company or its employees and is typically applied in more serious cases.

Practical Advice:

Review the NTE and Suspension Notice: Understand the reasons for the NTE and preventive suspension. The notice should clearly state the allegations or misconduct being addressed.
Prepare a Response: Respond to the NTE in writing, providing your explanation or defense regarding the allegations.
Gather Evidence: Compile any relevant evidence or documentation that supports your response or clarifies the situation.
Seek Legal Advice: Consider consulting with a lawyer to understand your rights and the appropriateness of the actions taken by HR.
Document All Interactions: Keep records of all communications and actions taken by HR and yourself throughout the process.

Law Firm Assistance: For employees facing disciplinary actions like an NTE with preventive suspension, legal assistance can be valuable. A law firm like Respicio & Co. can provide advice on your rights, the proper procedures that should be followed by HR, and guide you in responding to the NTE and dealing with the suspension.

Conclusion: While there is no legal requirement for a coaching session before issuing an NTE with preventive suspension in the Philippines, it is important to ensure that the process follows the principles of due process. Responding to the NTE, seeking legal advice, and thoroughly documenting all interactions are key steps in managing such situations and protecting your employment rights.