Philippine Labor Law Glossary
Definition: A Notice to Explain (NTE), or show-cause notice, is the first written notice in the twin-notice dismissal process. It states the specific acts complained of and the company rule or legal ground allegedly violated, and gives the employee a reasonable period, at least five calendar days under Supreme Court doctrine, to answer in writing.
Full guide: What should an employer include in a legally compliant notice to explain? — the required contents checklist, the response period, hearings, evidence and next steps for employees and employers.
Sa Filipino · Filipino Explanation
What Is a Notice to Explain?
Ang Notice to Explain o NTE ay unang written notice sa disciplinary or dismissal process. Dito inilalagay ng employer ang mga alegasyon, relevant facts, at pagkakataon ng empleyado na magbigay ng paliwanag at ebidensiya.
Basahin ang notice nang mabuti at itago ang kopya. Ang malinaw na written response at supporting records ay mahalaga, lalo na kung may deadline.
NTE Meaning and Scope
LaborCode defines a Notice to Explain (NTE), also called a show-cause notice, as the first written due-process notice in Philippine labor law: it identifies specific workplace charges and gives the employee a reasonable opportunity to answer before the employer makes a disciplinary decision.
What a compliant NTE must contain and how long the employee has to answer are set out in the guide’s NTE contents checklist.
| Document or step | Purpose |
|---|---|
| Notice to Explain | States the charge and gives the employee an opportunity to answer. |
| Administrative hearing | A separate procedural step from the first written notice. |
| Notice of decision | A separate notice communicating the employer’s disciplinary decision. |
| Preventive-suspension order | A separate measure and not a Notice to Explain. |
An NTE is not an administrative hearing, notice of decision or preventive-suspension order. Those are separate procedural steps or measures. For deadlines, response strategy, evidence and possible dismissal, use the full Notice to Explain guide.
Legal Basis for Notice to Explain Requirements
| Authority | Rule supported | Official source |
|---|---|---|
| Supreme Court jurisprudence on first notice | Sets the required contents and response period of the first notice. | Supreme Court E-Library |
| Supreme Court jurisprudence on reasonable opportunity | Rejects vague charges and explains the employee’s opportunity to prepare a meaningful defense. | Supreme Court E-Library |
| Labor Code, Article 297 | Lists the substantive just causes that may be charged. | Department of Labor and Employment |
Continue Exploring
Related Philippine Labor Law Terms
Practical Guides and Tools
Sources and Legal Citations
- Supreme Court decision discussing detailed first-notice requirements and the five-calendar-day response period, Supreme Court E-Library.
- Supreme Court decision explaining reasonable opportunity and specific charge requirements, Supreme Court E-Library.
- Labor Code of the Philippines, Article 297, official DOLE text.
Sources rechecked as of: September 14, 2026
Disclaimer
This glossary entry is for general educational and legal-information purposes and is not legal advice. Due-process requirements depend on the charge, facts, governing rules and procedure actually followed.