Yes. In the Philippines, an employer may issue a Notice to Explain (NTE) to a construction worker (project, probationary, or regular) for alleged insubordination—more precisely, willful disobedience of lawful orders—as a potential just cause for discipline or dismissal under the Labor Code. What follows is an end-to-end, site-specific guide covering the legal basis, elements, process, documentation, timelines, special issues in construction projects, and practical templates.

This article is general information, not legal advice. For case-specific decisions, consult counsel or your DOLE regional office.

1) Legal Basis in a Nutshell

Just cause: Willful disobedience of lawful orders (a form of insubordination) may justify disciplinary action up to termination.
Due process (administrative): the two-notice rule
1. First notice — the NTE (charge and opportunity to explain/defend).
2. Second notice — the decision (findings, rule violated, penalty).
Reasonable opportunity to explain: give the worker enough time and access to documents/witnesses to prepare an answer (best practice: at least five (5) calendar days).
Conference/hearing: not always mandatory, but hold one when the employee requests it, when there are substantial factual disputes, or when credibility must be tested.
Preventive suspension (not a penalty): up to 30 days if the worker’s continued presence poses a serious or imminent threat to persons or property or to the integrity of the investigation; extension requires pay.

2) What Counts as “Insubordination” on a Construction Site?

Core elements (you must prove all):

A lawful and reasonable order of the employer or authorized supervisor;
The order relates to the employee’s duties; and
Willful (intentional) refusal to obey.

Examples in construction (context matters):

Ignoring a clear, site-specific safety directive (e.g., refusing to wear required PPE, refusing to attach lanyard in a work-at-height zone) after a proper instruction and warning.
Refusing to follow method statements or permit-to-work controls (e.g., hot work, confined spaces) after instruction from the Safety Officer/Foreman.
Disobeying sequencing instructions that impact structural integrity (e.g., pour sequence, shoring/reshoring plans).
Refuse-and-walk-away behavior when assigned reasonable tasks within the worker’s skill classification.

What usually is not insubordination:

Good-faith refusal where the order is illegal, unsafe without adequate controls, or outside job scope in a way that materially endangers the worker (e.g., told to remove guardrails contrary to the safety plan).
Miscommunication or ambiguous orders; first duty is to clarify.
Isolated mistakes or poor performance without willful defiance (that’s usually a performance or negligence issue, not insubordination).

3) Pre-NTE Triage: Should You Charge Insubordination?

Run a quick check before issuing the NTE:

Order validity: Was the instruction lawful, reasonable, specific, and feasible under site conditions?
Authority: Did it come from someone authorized (e.g., Site Engineer, Safety Officer, Foreman)?
Clarity & notice: Was the instruction clearly communicated (language worker understands)? Was there a prior reminder?
Safety overlay: If the worker refused for credible safety reasons, evaluate controls (JHA/TRA, permit-to-work, PPE availability).
Consistency: Are similarly situated workers treated the same?
Proportionality: Consider the gravity, risk created, impact on schedule, past record.

If these answers support a charge, proceed to the NTE.

4) The Two-Notice Procedure, Step by Step

Step 1 — Issue the Notice to Explain (NTE)

Contents checklist:

Title: “Notice to Explain (Insubordination/Willful Disobedience)”
Identity & role: Worker’s full name, ID, position/trade, subcontractor (if any), project/site.
Material facts: Specific what/where/when/how and who gave the order.
Rule/policy violated**:** cite the company code of conduct, site rules, safety plan, or clauses in the employment/subcontract.
Directive to answer: Provide at least 5 calendar days to submit a written explanation.
Right to be heard: Offer a conference/hearing (date options or upon request). Allow representation (union rep or counsel) at the worker’s option.
Access to evidence: State how the worker may review incident reports, CCTV, photos, permits, toolbox attendance, etc.
Preventive suspension (if warranted): Separate memo stating grounds, duration (max 30 days), and that it’s not a penalty.

Service & acknowledgment: Personally serve at site with witness; if unavailable, send by registered mail/courier to last known address and document attempts.

Step 2 — Receive the Explanation & Hold the Hearing (when appropriate)

Accept written explanations and document receipt dates.
If the worker requests a hearing or there are factual disputes, hold a conference; keep minutes, attendance, and any demonstratives (plans, photos).
Consider mitigating/aggravating factors (safety risk, production impact, intent, past record).

Step 3 — Notice of Decision (NOD)

Contents checklist:

Findings of fact (what the investigation established).
Rule violated and legal ground (willful disobedience of lawful orders).
Rationale (why the elements are met; credibility findings).
Penalty with proportionality analysis.
Effectivity date (suspension dates, termination date if dismissal).
Final pay & clearance procedures (if any).
Advisory on where to raise concerns or appeal internally.

5) Evidence & Documentation (Construction-Specific)

Supervisor memos and safety officer reports.
Toolbox meeting logs, PTW/permit registers, JHA/TRA forms, method statements, SWPs.
PPE issuance records and signages.
CCTV, photos, drone/inspection images.
Witness statements (signed, dated, with site role).
Access control and timekeeping (turnstile logs).
Correspondence (Viber/WhatsApp/SMS/email)—export with timestamps.
Prior counseling/warnings and training records (e.g., BOSH/COSH, site induction).

Quality of proof matters more than volume. Prioritize contemporaneous records with clear timestamps and chain of custody for digital files.

6) Choosing the Penalty: Proportionality Matrix

Factor	Low	Medium	High
Safety risk created	No exposure	Minor/controlled	Imminent danger, high-risk work-at-height, electrical, lifting, excavation
Impact	No delay	Localized delay/rework	Major delay, cost, or stoppage
Intent	Miscommunication	Defiant but isolated	Clear defiance after warning/escalation
Record	Clean, new hire	Prior counseling/warnings	Repeated offenses
Role	Rank-and-file under close supervision	Skilled worker	Leadman/Foreman/Safety-critical role

Typical range

Verbal/written warning: low risk + first offense.
Suspension (1–15 days): medium risk, or repeated minor violations.
Dismissal: high risk with clear, willful defiance; or repeated defiance after progressive discipline, especially in safety-critical tasks.

7) Special Issues in Construction

Project employment & subcontracting:
- Project and probationary employees are still entitled to due process for just-cause discipline.
- If the worker is supplied by a legitimate contractor/subcontractor, coordinate: who issues the NTE and who presides over the hearing (principal may request the contractor to discipline; document control/ supervision lines).
Language & literacy: Provide notices in English and Filipino (or mother tongue common on site) and explain orally with a witness if literacy is a concern.
OSH overlay: Where the alleged defiance concerns safety, ensure the order was aligned with approved safety plans/permits and that controls and PPE were available.
Union/collective agreements: Observe any CBA timelines and grievance steps.
Preventive suspension: Use sparingly and only when presence risks safety, property, or the investigation’s integrity. Pay beyond 30 days if you must extend.

8) Common Pitfalls (and How to Avoid Them)

Vague NTEs (“You were insubordinate last week”).
- Fix: Date/time, location, specific order, by whom, context.
Zero chance to defend (same-day deadline).
- Fix: Give ≥5 calendar days; allow document access.
Skipping the second notice.
- Fix: Always issue a reasoned decision notice.
Penalties detached from risk.
- Fix: Match penalty to safety impact and record.
Failure to consider safety legitimacy of the refusal.
- Fix: Confirm the order was safe and lawful under the OSH plan.
No coordination with subcontractor.
- Fix: Clarify employer-employee relationship and authority to discipline.

9) Model Documents (Editable Samples)

A) Notice to Explain — Insubordination (Construction Site)

Subject: Notice to Explain — Insubordination/Willful Disobedience To: [Name], [Trade/Position], [Company/Subcontractor], [Project/Site] Date: [____]

This refers to an incident on [date] at [time] at [exact location/area]. You were directed by [name/position] to [describe specific lawful order related to work/safety]. Despite clear instructions and a reminder, you refused to comply.

The foregoing, if true, constitutes Insubordination/Willful Disobedience of Lawful Orders under [cite Code of Conduct/Site Rules clause], a just cause for disciplinary action under the Labor Code.

You are hereby directed to submit a written explanation within five (5) calendar days from receipt of this Notice, stating the facts and reasons why no disciplinary action should be taken against you. You may review relevant documents/evidence at [where/how], during [office hours].

If you wish to attend a conference/hearing and/or be assisted by a representative or counsel, please inform [HR/Site Admin] at [contact].

Failure to submit a written explanation within the period may result in resolution based on the available records.

Received by: __________________ Date/Time: __________ Issued by: ____________________ Position: __________

B) Preventive Suspension (If Applicable)

Subject: Preventive Suspension Pending Investigation You are placed under preventive suspension for up to 30 days, effective [start date], because your continued presence poses a serious and imminent threat to safety/property or to the integrity of the investigation. This is not a penalty and shall not exceed thirty (30) days; any extension shall be with pay.

C) Notice of Decision

Subject: Notice of Decision — Insubordination After reviewing your explanation dated [date] and conducting a [hearing/record review] on [date], we find that on [facts] you willfully disobeyed a lawful and reasonable order related to your duties.

This violates [policy clause] and constitutes just cause. Considering [risk/impact/record factors], the penalty is [warning/suspension ___ days/dismissal], effective [date].

Please coordinate with [Admin/HR] for [clearance, final pay, return of tools/PPE].

10) Quick Checklist for Site Supervisors & HR

Confirm the order was lawful, reasonable, and safety-consistent.
Identify authority who gave the order; secure written incident report.
Gather evidence (permits, toolbox log, photos, CCTV, witness notes).
Prepare a specific NTE; give ≥5 days to explain; offer hearing.
Consider preventive suspension only if risk justifies it.
Evaluate intent, risk, and record; apply proportional penalty.
Issue a reasoned Notice of Decision.
File and retain records (audit trail) in the project’s HR/OSH file.

11) FAQs

Q: Can we dismiss on the first offense? A: Yes, if the conduct is grave, willful, and creates serious safety risk or significant project impact, and due process is observed. Otherwise, use progressive discipline.

Q: Does this apply to project employees supplied by a subcontractor? A: Yes, but coordinate with the employer of record. If you (the principal) exercise control/supervision on site, your documentation still matters. Ensure the correct employer issues the NTE/NOD unless your contract authorizes you to do so.

Q: What if the worker argues the order was unsafe? A: Re-check the JHA/TRA, method statement, permits, and PPE availability. If controls were inadequate, the refusal may be justified; address the safety gap rather than discipline.

Q: Is a hearing required? A: Hold one when requested or when credibility is at issue. Even if not mandatory, it’s good practice on contested facts.

12) Practical Tips to Win (or Avoid) a Case

Write like a scheduler: precise dates, times, locations, and milestone references (e.g., “Grid C-7, L5 slab pour”).
Use drawings and photos: mark-up plans showing where the defiance occurred.
Language access: explain orders and notices in Filipino (or local language) if needed; get a witness to the explanation.
Safety first: If insubordination overlaps with OSH, expect closer scrutiny; document compliance with your own safety plan.
Consistency: Treat similar cases similarly; record the rationale for any deviation.

Bottom Line

You can issue an NTE for insubordination in a construction site if the order was lawful, reasonable, work-related, and the refusal was willful. Follow the two-notice rule, give real opportunity to explain, document thoroughly with site-specific evidence, and impose a proportionate penalty—especially where safety is implicated. Doing so protects both due process rights and project safety & schedule.