For HR and employers · Issue the first notice

Notice to Explain Generator for Employers

Prepare the NTE you will send to an employee. Enter the alleged conduct and supporting facts, then review the draft before downloading, printing or serving it. Built on Article 292(b) and 297 of the Labor Code, DOLE D.O. 147-15 and King of Kings Transport v. Mamac.

18 ready-made scenariosAuto 5-day deadlineCompliance checkPDF downloadSee a sample NTE ↓Nothing is sent to our server
Employer notice tool: A valid Notice to Explain must state the specific charge, the company rule and Labor Code ground involved, a detailed narration of the facts (dates, times, places), and a directive to submit a written explanation within at least five calendar days from receipt. It should also tell the employee they may be heard in a conference and assisted by a representative. This generator builds all of these parts for you.

Employee who received an NTE? Use the NTE Response Builder for employees to prepare your answer.

1

What happened?

Picking a scenario pre-fills the charge, the Article 297 ground, a sample narration and the evidence list. Edit anything.
Cite the exact section of your handbook or code of conduct.
List every incident separately. Generic charges without dates are the most common reason NTEs fail at the NLRC.
2

Who is involved?

3

Deadline and process

The minimum is five calendar days from receipt.
Only if the employee’s continued presence poses a serious and imminent threat to life or property of the employer or co-workers. Maximum 30 days.

Compliance check

    Sample Notice to Explain: what you will get

    Not sure what to enter? Here is a completed example for a BPO agent charged with habitual tardiness. Names and company are fictional.

    Sample BPO Solutions, Inc.
    Cebu IT Park, Lahug, Cebu City

    NOTICE TO EXPLAIN

    Date: September 24, 2026

    To: Juan Dela Cruz (Employee ID 2024-0187)

    Position: Customer Service Representative, Telco Support Account

    From: Maria Santos, HR Manager

    Subject: Notice to Explain — Habitual tardiness

    Dear Juan Dela Cruz:

    This notice informs you of the charge of habitual tardiness against you, which, if proven, may constitute gross and habitual neglect of duties under Article 297(b) (formerly Article 282(b)) of the Labor Code of the Philippines, and a violation of the Code of Conduct, Section 4.2 (Attendance and Punctuality).

    Facts and circumstances

    You reported late for work on the dates listed below, despite a written warning for tardiness issued to you on July 15, 2026 and coaching on the attendance policy. Your scheduled shift starts at 10:00 PM. The late logins below are based on the WFM adherence report and biometric records of the company.

    The specific incidents are:

    • August 4, 2026, 10:14 PM — logged in 14 minutes late
    • August 11, 2026, 10:32 PM — logged in 32 minutes late
    • August 18, 2026, 10:21 PM — logged in 21 minutes late
    • August 25, 2026, 10:47 PM — logged in 47 minutes late
    • September 1, 2026, 10:19 PM — logged in 19 minutes late
    • September 8, 2026, 10:38 PM — logged in 38 minutes late

    Records on file

    The charge is based on the following records, which you may examine upon written request:

    • Attendance / biometric records
    • WFM or system login logs
    • Prior warnings or coaching logs

    Your written explanation

    You are directed to submit a written explanation within 5 calendar days from your receipt of this notice, or on or before September 29, 2026 if you receive it today, stating why no disciplinary action, which may include dismissal from employment, should be imposed on you. Please submit your explanation to the HR Department, 5th Floor, or by email to hr@samplebpo.ph.

    In your explanation you may present your side, attach any documents or evidence, and name witnesses who have personal knowledge of the incidents. You may also ask for copies of the records listed above.

    Opportunity to be heard

    If you wish to be heard in person, or if there are facts that need clarification, an administrative conference will be scheduled after your written explanation is received. Please state in your explanation if you request a conference. You may be assisted by a representative or counsel of your choice.

    This notice is not a finding that you committed the acts charged. No decision will be made until your explanation has been received and considered, or the period to submit it has lapsed. If you do not submit an explanation within the period given, management will decide on the basis of the records available.

    Please sign below to acknowledge receipt of this notice. Signing does not mean you agree with the charge.

    Very truly yours,

    ______________________________
    Maria Santos
    HR Manager
    Sample BPO Solutions, Inc.

    ACKNOWLEDGMENT OF RECEIPT

    Received by: ______________________________ Date: ____________ Time: ________

    If the employee refused to receive or sign: Witness 1: ____________________ Witness 2: ____________________

    1. Specific charge + legal groundNames the offense and the exact Article 297 ground.
    2. Dated incidentsEvery late login listed with date, time and minutes late.
    3. Company rule citedPoints to the exact Code of Conduct section.
    4. Five calendar daysDeadline computed automatically from the notice date.
    5. Right to be heardConference and representation offered in writing.
    6. Proof of serviceReceipt and refusal-to-sign lines for witnesses.

    What every Notice to Explain must contain

    Required elementWhy it mattersHow the generator handles it
    Specific causes or grounds for terminationThe employee must know exactly what is chargedCharge title plus the matching Article 297 ground
    Detailed narration of facts and circumstancesA general description of the charge is not enoughIncident rows with dates, times and a narration
    Company rule violatedConnects the act to a known, published ruleDedicated rule field printed in the charge paragraph
    At least five calendar days to respondTime to study the charge, consult a union official or lawyer and gather evidenceDeadline auto-computed; fewer than 5 days is not allowed
    Opportunity to be heardA conference is required if requested, if facts are disputed, or if company rules require itConference paragraph, scheduled or on request

    Elements drawn from King of Kings Transport, Inc. v. Mamac, G.R. No. 166208, June 29, 2007, and Perez v. Philippine Telegraph and Telephone Co., G.R. No. 152048, April 7, 2009.

    How to use the NTE after you download it

    1. Review every line. Replace highlighted placeholders and confirm each date against your records.
    2. Serve it properly. Hand it to the employee and have them sign the acknowledgment. If they refuse, have two witnesses sign, then send a copy by registered mail or courier to the last known address and by official email.
    3. Count the deadline from receipt. If the employee receives it later than the notice date, the five days run from the actual receipt.
    4. Do not decide before the deadline. Read the written explanation, hold the conference if requested or needed, and never schedule the hearing on the same day the NTE is served.
    5. Issue a separate Notice of Decision. State that all circumstances were considered, your findings on each charge, and the penalty.

    Frequently asked questions

    Is the NTE from this generator valid?
    The generator includes every element the Supreme Court and DOLE D.O. 147-15 require for a first written notice. Whether your NTE holds up still depends on the accuracy of the facts you enter, proper service and what you do after it is served. Review it before issuing.
    How many days should an employee get to answer an NTE?
    At least five calendar days from receipt of the notice. The Supreme Court set this in King of Kings Transport v. Mamac, and DOLE D.O. 147-15 adopts it. You may give more time; the generator lets you choose 5, 7, 10 or 15 days.
    Can one NTE cover several incidents?
    Yes. List each incident with its own date and time. For habitual offenses such as tardiness or absences, a single NTE listing all dates is common and helps show the pattern.
    Is a hearing always required after an NTE?
    No. A formal hearing or conference is required when the employee requests it in writing, when there are substantial factual disputes, or when company rules or practice require it. The employee must always get a meaningful opportunity to be heard.
    When can I include preventive suspension in the NTE?
    Only when the employee’s continued presence poses a serious and imminent threat to the life or property of the employer or co-workers. It cannot exceed 30 days; beyond that, the employee must be reinstated or paid wages during any extension.
    What if the employee refuses to receive the NTE?
    Note the refusal on the acknowledgment and have two witnesses sign. Send copies by registered mail or courier to the last known address and by official email, and keep proof of delivery.
    Is my data saved or sent anywhere?
    No. The notice is built entirely in your browser. Nothing you type is sent to or stored on LaborCode.ph servers. Closing the page clears the form.

    Related guides and tools

    Notice to Explain GuideContents, service and deadlinesTwin-Notice RuleLegal basis and jurisprudenceJust Causes Under Article 297All five grounds explainedPreventive SuspensionWhen it is allowed and the 30-day capDisciplinary ActionProportionality and penaltiesChronic Tardiness (BPO)Worked example of an NTE caseNTE Response BuilderThe employee-side toolAll LaborCode.ph ToolsCalculators and builders

    Legal authority

    Labor Code, Article 292(b) [277(b)] (notice and ample opportunity to be heard) and Article 297 [282] (just causes); Omnibus Rules Implementing the Labor Code, Book VI, Rule I, as amended by DOLE Department Order No. 147-15; Book V, Rule XIV on preventive suspension; King of Kings Transport, Inc. v. Mamac, G.R. No. 166208, June 29, 2007; Perez v. PT&T, G.R. No. 152048, April 7, 2009.

    Last reviewed: September 24, 2026. This generator gives general Philippine labor-law information and a document draft. It does not decide whether a charge is valid, and it is not a substitute for advice on a specific case.

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