[COMPANY LETTERHEAD]
Private & Confidential
To : EMPLOYEE
From :
Date :
________________________________________________________________________
Within 5 days from your receipt of this memorandum, please explain in writing why no
disciplinary action, [including dismissal from employment (if applicable)], should be
taken against you for:
I. [Ground: Cite applicable Company Policy and/or Grounds for Termination
provided by the Labor Code]
[State the allegations and evidence against him]
We understand that you…
Violation of Company’s Code of Conduct
The foregoing acts constitute violations of [applicable provisions] of the Code of
Conduct, to wit:
It bears emphasis that the foregoing merits the penalty of [input applicable penalty].
Violation of Article 282 of the Labor Code of the Philippines
Further, under [applicable provision] of the Labor Code of the Philippines (“Labor
Code”), the foregoing acts constitute as just cause for terminating your employment.
Article 282 of the Labor Code relevantly provides:
“ART. 282. Termination by employer -- An employer may terminate an employment for
any of the following causes:
xxx”
2
In this regard, please be informed that there will be an administrative hearing on
the charges against you on _____ 20__ at ____ a.m./p.m. Your failure to reply in writing
to this memorandum within 5 days from your receipt and your failure to attend the
scheduled hearing will be deemed a waiver of your right to present your side and we will
be constrained to decide your case based on the evidence at hand. [Pending the
administrative investigation, you are hereby preventively suspended for a period not
exceeding 30 days counted from receipt hereof—if warranted by the circumstance only].
_______________________
Received by:
_______________________
[Employee]
Date: __________________