Jira & Confluence 
Bitrix24 Labor Code · Notice to Explain (NTE)
Reply to a Notice to Explain — sample ready, 5 days counted
Short answer. Your written explanation is already open below: fill in the charge, your side and your documents, then submit and get a received copy. Written notice of the charge (first notice): Must state the specific facts, the company rule violated and the ground for dismissal being charged (DO 147-15, s.5.1(a)(1)–(2); King of Kings Transport v. Mamac, G.R. No. 166208 (2007)).
- Earliest date your written explanation may be due (at least 5 calendar days from receipt). If the NTE gives a later date, the later date applies: type the date
Check your own case.
DOLE Department Order No. 147-15, Rule I-A, Section 5.1(a): the 'reasonable period' to submit a written explanation is at least five (5) calendar days from receipt of the notice — the same reading as the Supreme Court in King of Kings Transport v. Mamac (2007). Calendar days include weekends and holidays. Count from the day you actually received the notice, not the date printed on it.
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Count your days from the date you actually received the NTE, and write the time on your copy too.
Answer each point of the notice in one or two sentences, attach your proof, and always keep a copy stamped 'received'.
An illustrated character, not a lawyer.
Deadlines
The rules, with the source
| What | Deadline | Source |
|---|---|---|
| Written notice of the charge (first notice) | Must state the specific facts, the company rule violated and the ground for dismissal being charged | DO 147-15, s.5.1(a)(1)–(2); King of Kings Transport v. Mamac, G.R. No. 166208 (2007) |
| Time to submit your written explanation | At least 5 calendar days from receipt of the notice ('reasonable period') | DOLE Department Order No. 147-15, Rule I-A, s.5.1(a)(3) |
| Hearing or conference | Mandatory when you request it in writing, when there are substantial evidentiary disputes, or when a company rule or practice requires it | DO 147-15, s.5.1(b) |
| Right to be heard and to a representative | Written notice of the causes and ample opportunity to be heard and defend yourself, with a representative if you wish | Labor Code, Art. 277(b) [renumbered Art. 292(b)] |
| Second notice (decision) | Written notice of the decision, after all circumstances are considered | DO 147-15, s.5.1(c); King of Kings Transport v. Mamac (2007) |
| If the procedure is skipped but a just cause exists | The dismissal may stand, but the employer pays nominal damages | Bicol Isarog v. Relucio (2020): ₱30,000 nominal damages |
Burden of proof: the employer must prove that the dismissal was for a valid cause and that both notices were served (Labor Code, Art. 277(b) [292(b)]). Keep your received copy — it proves when you got the NTE and when you answered.
Step by step
What to do, in order
1
Read the NTE twice
Copy the exact charge, the dates and the rule cited. Note the date and time you received it.
2
Check your deadline
Enter the receipt date above. You should get at least 5 calendar days.
3
Gather proof
Medical certificate, messages to your supervisor, logs, receipts, names of witnesses.
4
Fill in the reply
Facts first, then your answer to each allegation. Calm and short — no new accusations.
5
Ask for what you need
Copies of the records used against you and a hearing, in writing.
6
Submit and get a received copy
Ask HR to sign and date your copy. If they refuse, e-mail it and keep the sent message.
Questions
The NTE gives me only 24 hours. Is that allowed?
The Supreme Court and DOLE rules read the reasonable period as at least five calendar days from receipt. Submit what you can on time, and ask in writing for the full five days to add documents — the template has a line for that.
Should I admit the offense?
Only what is true. If you admit part of it, explain the reason and what you have corrected. An honest, specific reply usually reads better than a flat denial.
What if I don't reply at all?
The company may decide on the evidence it has. Silence means your side is not in the record, so it is better to answer, even briefly.
Official sources
- DOLE Department Order No. 147-15 (2015), Rule I-A, Section 5.1 — official PDF (archived copy)
- Labor Code of the Philippines (P.D. 442), Art. 277(b) [renumbered Art. 292(b)] — Lawphil
- King of Kings Transport, Inc. v. Mamac, G.R. No. 166208, 29 June 2007 — Lawphil
- Bicol Isarog Transport System, Inc. v. Relucio, G.R. No. 234725, September 2020 (quotes DO 147-15, s.5.1) — Lawphil
Other documents
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This is a ready document and a deadline calculation, not legal advice.