Notice to Explain (NTE) and a preventive suspension Philippines

Question: Can a Notice to Explain (NTE) and a preventive suspension be included in the same document, or do they have to be separate?

Answer:

What is a Notice to Explain (NTE)?

A Notice to Explain (NTE) is a formal document issued by an employer to an employee who is suspected of violating company rules or policies. The NTE serves as an opportunity for the employee to explain their side before any disciplinary action is taken.

What is Preventive Suspension?

Preventive suspension is a disciplinary measure that temporarily removes an employee from their duties while an investigation into alleged misconduct is ongoing. In the Philippines, the period of preventive suspension must not exceed 30 days, as per the Department of Labor and Employment (DOLE) guidelines.

Can They Be in the Same Document?

Technically, there is no explicit law in the Philippines that prohibits combining a Notice to Explain and a preventive suspension in a single document. However, best practices often dictate that these should be separate documents for a few reasons:

1. Clarity: Keeping the documents separate ensures that the employee clearly understands each stage of the disciplinary process.

2. Legal Protection: Should a dispute arise and reach a legal forum, separate documents can provide a clearer record of the steps taken by the employer in the disciplinary process.

3. Due Process: Combining the two might give the impression that the decision for preventive suspension has already been predetermined, potentially violating the employee's right to due process.

When Should Each be Issued?

The NTE is generally issued first to give the employee a chance to explain their actions. Following this, based on the employee's explanation and preliminary findings, the employer may decide to implement a preventive suspension. Issuing the preventive suspension notice separately emphasizes that it is based on the particulars of the case, including the employee's response to the NTE, if applicable.

Conclusion

While there is no explicit prohibition against combining a Notice to Explain and a preventive suspension in one document under Philippine law, it is generally advisable to keep them separate. Doing so helps to ensure clarity, supports legal compliance, and upholds the principle of due process.