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Interval on when an employer should give NTE

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1 Interval on when an employer should give NTE on Fri Feb 09, 2018 2:33 pm


Arresto Menor
I cannot find anything on the internet about ph labor law stating when an employer should give the employee notice to explain. our company has this process wherein the supervisor would submit the IR online to be "reviewed" by hr or case management team and then it takes a few weeks to a few months from the date of offense for the employee to receive the NTE via the company Disciplinary website (because the company has paperless policy). Example, the offense occured dec. 7 & 15, the supervisor submitted the report to the company dec. 20 but the employee just received the Incident Report Feb 8 and expected to answer in 72 hours before it gets to the supervisor.

I just wanted to know if this is still valid and what is the normal interval because from what i know from my previous company, the immediate supervisor will give the employee a documentation for NTE immediately after the offense (in a day or two) and give the employee 5 days to reply. 2 months is ridiculous.

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Reclusion Perpetua
1. It is valid
2. no normal interval. IR is done after discovery of the incident, NTE is done upon submission of IR or HR learned of the incident even with no IR.
3. by law, it is now required for an employee to submit his written explanation in 5 days.

and yes 2 months is ridiculous, but you have to take into account how many are doing the process of LR vs number of employees. it is not ideal but it happens

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Reclusion Perpetua
The employee may question the disciplinary action or the conclusion arrived at by the investigation because of time that has elapsed but an NTE is always valid. Kahit na 5 years na you can always be asked to explain.
two things lang ang ni question if the incident happened a long long time ago.
1. The employee involved may not be able to recall the specifics of the incident. Evidence/witnesses may no longer be available.
2. The employee may have assumed that the behavior is tolerated.

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Reclusion Perpetua
-You mean to say, the illegal act is deemed corrected by the passage of time? OF COURSE it is valid.
-The law is silent as to how long an NTE should be issued to the employee. As long as there is reasonable time, after the discovery of the illegal act, an NTE is served to the employee.
-If the illegal act is discovered and an NTE is drafted, Management can issue the same even after 5 minutes from drfating to the employee... the same is still valid.

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