PHTrisha, a 29-year-old content moderator at a BGC tech company, received a Notice to Explain on a Monday morning — alleged violation of the work-from-home policy. Her first instinct was panic. Her second was to resign before they could fire her. She wanted to know: was she already dismissed? And if not, could she quit before the decision came out?
The short answer: no, she was not dismissed — and yes, she could resign. But whether she should depends on facts she needed to understand first. This guide explains what an NTE actually is, what rights you have during the process, and what you might give up by resigning now.
Direct answer: Receiving an NTE does NOT mean you are dismissed. Under Philippine labor law, dismissal requires two notices — and an NTE is only the first. You remain a full employee with rights until the employer issues a formal Notice of Decision. You can legally resign at any point before that decision, subject to the 30-day notice requirement under Art. 300 of the Labor Code.
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The short answer: no, she was not dismissed — and yes, she could resign. But whether she should depends on facts she needed to understand first. This guide explains what an NTE actually is, what rights you have during the process, and what you might give up by resigning now.
Direct answer: Receiving an NTE does NOT mean you are dismissed. Under Philippine labor law, dismissal requires two notices — and an NTE is only the first. You remain a full employee with rights until the employer issues a formal Notice of Decision. You can legally resign at any point before that decision, subject to the 30-day notice requirement under Art. 300 of the Labor Code.
Read more: You do not have permission to view the full content of this post. Log in or register now.