Notice to Explain (NTE) Philippines

How to Respond to a Notice to Explain (NTE)?

Q: I received a Notice to Explain (NTE) at my workplace. How should I respond to it?

A: Responding to a Notice to Explain (NTE), which is typically issued by employers in the context of an administrative investigation or in response to an alleged infraction of company rules, requires careful consideration and attention to detail. Here is a step-by-step guide on how to properly respond to an NTE in the context of Philippine labor laws and regulations:

1. Understand the Issue: Read the NTE carefully and understand the specific issue(s) or alleged violation(s) raised against you.

2. Gather Evidence: Collect all necessary documents, messages, or any form of evidence that will support your explanation or defense.

3. Consult Legal Advice: If possible, consult a lawyer or a legal expert to guide you in crafting your response.

4. Write a Formal Response:

   • Heading: Address the letter to the appropriate authority, mentioning their designation, and clearly state that the letter is in response to the NTE received with its date.
   • Introduction: Briefly introduce yourself and the purpose of the letter.
   • Body:
     • State the Facts: Clearly and chronologically state the facts as you know them, referring to the specific points raised in the NTE.
     • Present Your Defense: Lay down your defenses point by point, correlating them with the evidence you have gathered.
     • Be Respectful: Maintain a respectful tone throughout the letter.
   • Conclusion: Summarize your main points and express your willingness to cooperate further if needed.
   • Signature: End with a closing (e.g., "Sincerely" or "Respectfully") followed by your signature and printed name.

5. Attach Supporting Documents: Attach copies of all supporting documents as annexes to your letter, referring to them appropriately in the body of your letter.

6. Submit the Response: Submit your response within the given timeframe, as stipulated in the NTE, to show that you are abiding by the company’s policies and regulations.

7. Keep a Copy: Ensure to keep a copy of your response and all attached documents for your record.

Responding to an NTE adequately and promptly while presenting a well-structured defense can potentially protect your rights and job. Do this with the utmost professionalism and respect to maintain a good standing in your workplace.