Scribd
Upload
150 views

Re Notice To Explain

The document is a response letter from an employee, Alexandrius Arriola, to HR regarding a Notice to Explain sent by HR. In the letter, Arriola provides explanations and evidence in 5 appendices (A-E) to counter the allegations in the Notice. Specifically, Arriola explains that they properly informed their manager of their absence, tendered their resignation as requested, but the resignation was not acknowledged. Arriola also requests to see a copy of their employment contract and company code to verify the allegations against them. Lastly, Arriola formally requests for their immediate resignation to be granted or their withheld salary to be released immediately.

Uploaded by

MonsterFish MNL (MonsterFishMNL)
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
150 views

Re Notice To Explain

The document is a response letter from an employee, Alexandrius Arriola, to HR regarding a Notice to Explain sent by HR. In the letter, Arriola provides explanations and evidence in 5 appendices (A-E) to counter the allegations in the Notice. Specifically, Arriola explains that they properly informed their manager of their absence, tendered their resignation as requested, but the resignation was not acknowledged. Arriola also requests to see a copy of their employment contract and company code to verify the allegations against them. Lastly, Arriola formally requests for their immediate resignation to be granted or their withheld salary to be released immediately.

Uploaded by

MonsterFish MNL (MonsterFishMNL)
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 8

MARCH 16, 2022

TO: MANIEGO, FE G., (HR ADMIN & OPS), and,


CALOGCOG, ANDREA MAELYN., (HR MANAGER)

SUBJECT: RE: NOTICE TO EXPLAIN

______________________________________________________________________________

Greetings!

In the NOTICE TO EXPLAIN you sent me on March 15, 2022, first, you asked me to
explain my absence on Monday, March 14, 2022. In the same notice, you also alleged that the
Business Development Manger tried to reach me and did not get a response from me.

As clearly shown in Appendix A with a screenshot attached herewith, I did inform my


manager, Mr. Bobi Babiera, that I cannot report to work on the said date because I was having
flu-like symptoms. Under the given circumstances we are currently in due to the COVID-19
pandemic, I deemed it more suitable for me for me to stay at home on the said day while
keeping my own health and safety along with that of my co-employees in mind. Furthermore, In
the same screenshot as shown in Appendix A, it clearly shows that I reached out to my
manager and not the other way around as your notice alleged. Thus, the allegations of me not
being able to communicate the aforementioned with the Business Development Manager, as
said in the notice to explain is FALSE.

I would also like to point out that on the same screenshot shown in Appendix A, there were
messages that Mr. Babiera later on deleted. Luckily enough, I was able to screenshot the same
messages right before Mr. Babiera deleted the them and the same could be proved with the
consistency of the time-stamp that could be found on both messages. Such screenshot is
attached herewith as shown in Appendix B.

In the same screenshot, as shown in Appendix B, it was clearly shown that I was asked
to tender my resignation by Mr. Babiera himself. Again, as seen in Appendix A, I did send my
formal resignation as suggested by Mr. Babiera, and informed him, in the same conversation,
that I did the same. Furthermore, I asked him for an acknowledgement of my resignation but
Mr. Babiera never communicated to me thereafter.

In screenshots attached herewith under Appendix C, it is clearly shown in our


conversation how I informed our HR Manage, Ms. Andrea Calogcog of my resignation. Ms.
Calogcog, specifically said that such resignation should be acknowledged by Mr. Babiera
himself. However, as shown in Appendix B, it could clearly be seen that after I tendered my
resignation that day, Mr. Babiera never communicated with me thereafter nor did he
acknowledge my resignation to date.
As shown in Appendix D attached herewith, I attached a screenshot of me specifically
asking Ms. Calogcog a copy of my signed contract of employment along with me subjecting
myself to the company rules and regulations but the latter failed to furnish me a copy thereof
as well. Nor did Ms. Calogcog respond thereafter.

On the second allegation that I am in violation of the company code of conduct, first and
foremost, I would like to state that without me being furnished a formal copy of the documents
I have requested which would clearly show that I agreed to subject myself under the said
company code of conduct, I don’t see why it should be applied to me.

The specific act(s) mentioned and alleged against me in the Notice to Explain that was
sent to me was that I was engaged in either Moonlighting or Double Employment with another
company which is connected to the company. Again, this allegation is FALSE. No specific
evidence of either Moonlighting nor Double Employment was officially furnished to me in the
said notice. Furthermore, while there has been knowledge that I applied with another
company, there is nothing in the Labor Code that prohibits the same. Hence, such allegations
against me for committing either moonlighting and/or double employment could not be proven
nor shown and thus may only pass on as mere hearsay.

It was also alleged against me in the same notice that I was in violation of Article 297 of
the Labor code. Under the same Article, paragraph a, would not apply, because I did not
willfully disobey any act lawful order by my employer as alleged in the aforementioned notice.
Paragraph B, of the same article would not apply as well as shown in Appendix A, that I
informed my supervisor of my absence as well.

Again, I would like to reiterate that without clear showing that I, for a fact, did sign my
employment contract and agreed to the company code of conduct, as shown in Appendix D, I
could not be held violation of the same.

I would also like to take this opportunity to address a couple of pressing concerns of my
own.

First would be the inconsistency with the acknowledgement of my resignation as shown


in Appendix A and C, respectively. I was told by Ms. Calogcog that it would be Mr. Babiera who
should, in fact, acknowledge my resignation. I would formally want to request him to show just
cause why the same has failed to do so.

Secondly, also with regard to my request for immediate resignation, in Appendix A, it


was shown how Mr. Babiera insulted my notice that I would not be able to report for work for
the said day. He insinuated that I was making up excuses and reasons so that I would not to be
compelled to go to work. In Appendix B, he also insinuated that I was being negative and that I
have been telling people that there are a lot of things that are wrong with the company and
even went as far as asking me to tender my resignation which I eventually did.
In Appendix E, where a screenshot of my email correspondence with Ms. Calogcog, she
clearly stated that my immediate resignation was declined, because I need to tender a 30 day
notice pursuant to Article 300 of the Labor Code of the Philippines. However, under the same
article, it is said that the 30 day notice is no longer required if there has been a SERIOUS INSULT
BY THE EMPLOYER OR HIS REPRESENTATIVE ON THE HONOR OR THE PERSON OF THE
EMPLOYEE. As shown in Appenix A and C attached herewith, Mr. Babiera did insult me
insinuating and attributing things against me, without just cause, and even going as far as
asking me to tender my resignation. Hence, in replation to our conversation as shown in
Appendix E, there does not exist any cause for Ms. Calogcog to decline my immediate
resignation. I would want to take this opportunity to ask all parties involved in such actions
against me to show cause for such wrongdoings and/or rectify the same by granting my
immediate resignation.

Lastly, as shown in Appendix D, upon finding out that my resignation was declined, I
asked for the immediate release of my salary to which Ms. Calogcog also failed to reply unto. I
would also like to take this opportunity to ask the company to show cause why my salary is still
being withheld to this date because as far as I am concerned, there are no legal basis to do so,
granted that my resignation was already declined. I am also asking the same to again, rectify
such acts committed against me and either release my salary outright and/or accept my
immediate resignation.

I firmly believe that despite unfortunate turn of events, I was able to properly explain
myself as to why no disciplinary actions should be taken against me. Furthermore, this serves as
a formal request to the persons concerned to show cause and rectify the actions done against
me by either granting my request to be allowed to resign immediately and/or to immediately
release my salary which is unjustly being withheld.

Sincerely,

Alexandrius Arriola
Business Development Officer
APPENDIX A
APPENDIX B
APPENDIX C
APPENDIX D
APPENDIX E

You might also like