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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

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mikos23

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

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if it involves a grave and serious case against the company (on the premise that the approval of your resignation was withdrawn based on your case).

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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.

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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.

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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).

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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


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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)?

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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


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