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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » Issued a Letter to explain on my last day of work

Issued a Letter to explain on my last day of work

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ps11c


Arresto Menor


Hi. I was issued a Notice to Explain for something that I already gave my manager a verbal notice. Mind that the NTE was served at the last day of my 30 day resignation notice. Given the circumstances, I immediately responded the notice and i have submitted it since it is my last day.

May I know if they can force me to render work again after this?

Thanks in advance

mikos23

mikos23
Reclusion Perpetua

no, they cannot force you to render more than the 30 days notice that you have given

HrDude


Reclusion Perpetua

Yes, if it involves a grave and serious case against the company (on the premise that the approval of your resignation was withdrawn based on your case).

ps11c


Arresto Menor

The NTE is very vague and explicitly stated that i should explain "within period" (no # of days indicated). I rushed my explanation letter since it was my last day. Then I've read online that the NTW should be detailed and that the explanation should have at least 5 days.

HrDude


Reclusion Perpetua

ps11c wrote:The NTE is very vague and explicitly stated that i should explain "within period" (no # of days indicated). I rushed my explanation letter since it was my last day. Then I've read online that the NTW should be detailed and that the explanation should have at least 5 days.

Your point?

Anyways, yes, NTEs should be detailed. No, the 5-day period mostly applies to cases with possible termination as sanctions. There is no law that mandates that NTEs should have a 5-day period to respond to.

You signed your NTE and yet you are questioning its clarity/vaugeness? You should have raised that issue before you signed the same. By affixing your signature, you conformed to the details stated therein.

ps11c


Arresto Menor

The accusation on the NTE is that i violated a rule (which, if I remember our employee handbook correctly, has termination as a sanction).

attyLLL


moderator

I think it's poor form for companies to do something like this aside from being risky. If they issue you a notice of termination, you can question the termination at NLRC

https://www.facebook.com/BPOEmployeeAdvocate/

ps11c


Arresto Menor

Thanks for the advice attyLLL. I will follow your advice if they do issue me one. May I know what do you meant by being risky? What if the termination was dated the same day I passed the rushed explanation but they issued it on a later day (example: i passed the nte on my lasr day june 27 and they issued the termination letter on july 5 but the letter is dated june 27)?

attyLLL


moderator

they wanted to get rid of you, you left voluntarily. that should be mission accomplished. by terminating you, they risk you filing a case at nlrc

https://www.facebook.com/BPOEmployeeAdvocate/

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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » Issued a Letter to explain on my last day of work

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