COMPANY LETTERHEAD

(Date)

(Name of Employee)
(Position of Employee)
(Contact Details of Employee)

Subject: NOTICE TO EXPLAIN AND CONFERENCE

WITH PREVENTIVE SUSPENSION
————————————————————

Dear Mr./Ms. (Surname of Employee):

Please submit your WRITTEN EXPLANATION in connection with the DISCIPLINARY

MATTER(S) being charged against you, which (is/are) described and narrated below within FIVE
CALENDAR (5) DAYS from the date this Notice was served upon you.

Also, please attend the conference to be held on (date) at (time) at (venue), as this will give you
additional opportunity to verbally explain to us your side and present your witnesses, supporting
documents and other evidence, if any, regarding the said disciplinary matter(s).

You have the right to be assisted by any representative or counsel of your choice.

In the event that you are found guilty of the said disciplinary matter(s), the company may terminate
you from employment and/or impose other appropriate penalties.

This Notice consists of ____ pages, plus attachments.

Kindly give this matter your priority attention.

Very truly yours,

(Name of Officer Authorized to Issue this Notice)

(Position of said Officer)

DESCRIPTION OF DISCIPLINARY MATTER(S):

Offense(s) Allegedly Committed:

What was/were the offense(s) allegedly committed?

Identify the name(s) of the offense(s) and the article(s) & section(s) where it/they is/are found
in the Labor Code and/or in your company personnel policies. Example: Serious Misconduct,
Article 297, Labor Code.
Courtesy of:
Sangalang & Gaerlan, Business Lawyers Telephone: +63 2 353 4274; +63 2 372 8488
10th Floor, The One Executive Office Mobile: +63 917 821 6848 (Viber)
5 West Avenue corner Martinez Street Email: contact@paladinslaw.org
Quezon City, Metro Manila 1104 PH Website: www.paladinslaw.org
Date and Time Allegedly Committed:

When was/were the alleged offense(s) committed (date & time)?

If the exact date and time is not certain or available, indicate the time period covered instead.
Example: Sometime from March 1, 2018 to April 15, 2018.

Place Allegedly Committed:

Where was/were the alleged offense(s) committed?

If the exact location is not certain or available, indicate the vicinity where the offense was
committed. Example: Within the vicinity of the company’s warehouse located along 123
Alphabet Street, Tondo, Manila.

Employee(s) Charged:

Who is/are being charged of the offense(s)?

Indicate all the employees being charged with the same offense.

Complainant(s) and/or Witness(es):

Who is/are the person(s) complaining against the alleged offender(s)? Who is/are the
witness(es)?

Name all the witnesses. Attach their written complaints, incident reports or sworn
statements/affidavits to this Notice. Expressly mention, itemize and enumerate in this Notice the
documents that are attached. Use ANNEX A, B, C, D, etc… to designate the supporting
documents for easy reference.

Narration of Alleged Facts:

How was/were the alleged offense(s) committed?

Give a brief description, story or narrative on how the offense(s) was/were committed and why
the subject employee is being charged in connection with the said offense(s). Attach the incident
reports, police reports, security guard’s reports, audit reports, photos, and other documents that
can help describe and specify the offense. Expressly mention, itemize and enumerate in this
Notice the documents that are attached. Continue using ANNEX A, B, C, D, etc… to designate
the supporting documents for easy reference.

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Amount or Value Involved:

How much was involved (if any)?

If property is involved, estimate the value of the property that was lost or damaged. If it cannot
be estimated (e.g. lost documents), state that “the value of the items are beyond pecuniary
estimation.”

Adverse Effects or Consequences of the Incident(s) to the Company or Business:

How did the incident(s) injure or adversely affect the company or the business?

Give brief description. It is better to quantify the injury or adverse effect in terms of Pesos. If
the injury or adverse effect cannot be quantified (e.g. tarnished reputation, demoralization, etc.),
state that “the extent of the injury or adverse effect to the company and its business are beyond
pecuniary estimation.” Listing down all the adverse effects and consequences should directly or
indirectly help the company justify why the employee should be terminated, if found guilty of
the offense. Note that the Constitution guarantees the employee’s security of tenure, such that
in order to validly terminate an employee, it must be shown that he or she no longer deserve
such constitutional protection.

Previous Disciplinary Matter(s) or Incident(s):

What was/were the previous offense(s) committed or allegedly committed by the employee?

List down any and all past and pending disciplinary matters, both major and minor infractions,
involving the subject employee, if any. State the date, verdict and the penalty imposed, or
whether the case is still pending investigation or resolution, for each of the offenses. This is
crucial in establishing the employee’s fitness or unfitness to continue with his /her employment
under the TOTALITY OF INFRACTION DOCTRINE.

Date of Offense and Description Guilty Penalty Status

Incident (Y/N) Imposed
MM/DD/YYYY Serious misconduct - alleged sexual N/A N/A Pending
harassment against a co-employee

MM/DD/YYYY Habitual Tardiness Y First Written Served

Warning

PREVENTIVE SUSPENSION

You are hereby placed under preventive suspension starting on ___________ up to ____________
or by not more than 30 days from the effectivity of your suspension. Your salaries/wages will also
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be suspended however, when it is determined that there is no sufficient basis to justify your
preventive suspension, you will be entitled to the payment of salaries during the time of preventive
suspension.

The basis of issuing a preventive suspension is found in Section 8 of Rule XXIII, Book V of the
Omnibus Rules Implementing the Labor Code, as amended by Department Order No. 9, Series of
1997 which provides:

“Section 8. Preventive suspension. The employer may place the worker concerned
under preventive suspension only if his continued employment poses a serious and
imminent threat to the life or property of the employer or of his co-workers.”

It is important to note that preventive suspension is not a penalty, but a part of a process to
investigate a questioned action of an employee.

RECEIVED BY:

Signature Over Printed Name: ____________________________________

Date: ____________________________
Time: ___________________________
Place: ___________________________

WITNESSES TO THE SERVICE OF NOTICE:

Signature Over Printed Name: ____________________________________

Signature Over Printed Name: ____________________________________

Date: ____________________________
Time: ____________________________
Place: ____________________________

Instruction to the Notice Server(s):

1. Give 1 copy of the Notice to the subject employee. This is the employee’s copy of the Notice.

2. Request him/her to completely fill-up and sign the “RECEIVE BY:” on company’s file copy of the Notice.

3. Fill-up and sign the “WITNESSES TO THE SERVICE OF NOTICE” on company’s file copy, placing
YOUR OWN NAME and SIGNATURE. Ideally, there should be at least TWO (2) witnesses.
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4. However, if the employee refuses to receive or sign, please don’t insist or argue. It’s his/her right not to
receive or not to sign. Just give him/her a copy of the Notice or leave it on his/her cubicle, table or desk if
he/she really do not want to receive it.
1. Then fill-up and sign the “RECEIVED BY:” of company’s file copy, placing YOUR OWN NAME
and SIGNATURE with a note: “I SERVED THE NOTICE TO THE EMPLOYEE BUT
HE/SHE REFUSED TO ACKNOWLEDGE AND SIGN THE FILE COPY”.
2. And if there are OTHER witnesses, request one of them to sign also as witness on the “WITNESSES
TO THE SERVICE OF NOTICE.” Ideally, there should be at least TWO (2) witnesses.

5. Return the company’s file copy to the HR Department for safekeeping.

6. If the Notice cannot be delivered PERSONALLY to the subject employee, then you must send it to him/her
by way of registered mail (with self-addressed return card and with postage prepaid). Send the letter to his/her
last known address. Unless there is a more recent source of information, the last known address is the one
indicated in the employee’s 201 File. Surrender the registered mail receipt (with the registry number) to the
HR Department for future reference, and then make yourself available for the signing of the AFFIDAVIT
OF SERVICE.