Preventive Suspension Meaning

Preventive suspension may be defined as the temporary removal of an employee charged for violation of company rules from his present status or position. Preventive suspension is usually imposed against subject employee while the company is conducting an investigation for his alleged violation in order to prevent him from causing further harm or damage to the company or his co-employees.

Preventive suspension is not a disciplinary measure, and should not be confused with suspension imposed as a penalty.

Legal Basis

The right of employer to impose preventive suspension is not found in the Labor Code itself.

The oft-cited legal basis for imposition of preventive suspension is Section 8 and Section 9 of Rule XXIII, Book V, of the Omnibus Rules Implementing the Labor Code, as amended by Department Order No. 9, Series of 1997, which read as follows:

Section 8. Preventive suspension. The employer may place the worker concerned under preventive suspension only if his continued employment poses a serious and imminent threat to the life or property of the employer or of his co-workers.

Section 9. Period of suspension. No preventive suspension shall last longer than thirty (30) days. The employer shall thereafter reinstate the worker in his former or in a substantially equivalent position or the employer may extend the period of suspension provided that during the period of extension, he pays the wages and other benefits due to the worker. In such case, the worker shall not be bound to reimburse the amount paid to him during the extension if the employer decides, after completion of the hearing, to dismiss the worker.

Interestingly, the above-quoted provisions are no longer reproduced in the present Omnibus Rules, as amended by Department Order No. 40, Series of 2003, which supersedes Department Order 9-97.

It is opined, however, that the removal of said provisions from the omnibus rules did not diminish the right of the employer to impose preventive suspension, considering that the justification for upholding the right is necessity itself, i.e., when continued employment poses threats to the life of the employer or his co-worker.

When Employee may be Placed under Preventive Suspension

The employer may place the worker concerned under preventive suspension only if his continued employment poses a serious and imminent threat to the life or property of the employer or of his co-workers.

It is not the nature or gravity of the charge against the employee that should be made the basis for placing him under preventive suspension.

Thus, in a case, the Court held that it is improper for the employer to place under preventive suspension employees charged of violation of school rules and regulations on the wearing of uniform, tardiness or absence, and maliciously spreading false accusations against the school. (See Woodridge School vs. Pe Benito, G.R. No. 160240, October 29, 2008.)

Maximum Period of Preventive Suspension

The maximum period of preventive suspension under the rule is 30 days. After that period, the worker must be reinstated to his former position, or in a substantially equivalent position. If the employer does not want to reinstate his employee for whatever reason, he has the option to extend the period of suspension with the condition that he must pay the worker his wages and other benefits during the entire period of extension.

The latter option is called payroll reinstatement (as opposed to the former which is called actual reinstatement).

In case the employer opts for payroll reinstatement, the employee is not bound to reimburse wages and benefits paid even if he is ultimately dismissed from service, and regardless of whether the ground for preventive suspension is proved to be valid.

Payment of Wages during Preventive Suspension

The employee placed under preventive suspension is not entitled to payment of wages. This rule, however, presupposes that the suspension is valid. If the suspension is invalid or illegal, the employee shall be entitled to payment of wages during the entire period of illegal suspension. (See Gatbonton vs. NLRC, G.R. NO. 146779, January 23, 2006.)

Likewise, if the suspension is extended beyond the 30-day limit, the employee shall be entitled to wages and other benefits for the period of the extension.

When Preventive Suspension amounts to Constructive Dismissal

When preventive suspension exceeds the maximum period allowed without reinstating the employee either by actual or payroll reinstatement (see Hyatt Taxi Services Inc. vs. Rustom M. Catinoy, G.R. No. 143204, June 26, 2001), or when preventive suspension is for indefinite period (see Pido vs. National Labor Relations Commission, G.R. No. 169812, Feb. 27, 2007), constructive dismissal will set in.

Last Edited: Friday, August 19, 2011

Caveat: Subsequent court and administrative rulings, or changes to, or repeal of, laws, rules and regulations may have rendered the whole or part of this article inaccurate or obsolete.
constructive dismissal, illegal dismissal, just causes, preventive suspension, Termination of Employment
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173 comments

  1. suspended employee Comment:
    August 26th, 2010 at 02:49 pm

    hi — im currently under preventive suspension for the allegation of conflict of interest. 7-day suspension was given and supposed to have a admin hearing apparently my boss and the admin didn’t show up instead another memo was served and during the said admin hearing, i was advised of the rescheduling of the admin hearing a week after the initial sched. this is valid? hope you can reply to me soon.

    [Reply]

    Ted Ferrolino Reply:

    I see nothing wrong, especially that you have been properly advised of the rescheduling of the admin hearing. However, if your preventive suspension has already lapsed, you should be allowed to report back to work (unless an extension has been made). N.B. Preventive suspension may not exceed 30 days.

    [Reply]

  2. I am currently suspended due to some kind of allegation that company never prov the allegation,
    It’s over 30 days now and still I haven’t get anything from my employer during the reinvestigation they informed me that they will not used the whole 30 days and now It over 30 days but still no notice from them if suspension was extended or what,,,

    What should i do since 30 days suspension was over should I go to my company and insist them of the ruling of labor code???

    Pls help me! thanks I am raph *Cellphone number deleted*

    [Reply]

    Ted Ferrolino Reply:

    I suggest that you to report back to work and inquire about your status. Don’t wait for the notice of extension.
    Since the 30-day period of suspension has already lapsed without extension, you have the right to be reinstated to your former position. Or if not, you must be reinstated at least in the payroll.

    [Reply]

  3. Thalia Sanchez Comment:
    October 2nd, 2010 at 01:04 pm

    I would like to inquire. Initially I was verbally terminated by my employer due to some allegation I tried to reason out and explain my side and told them that whatever their question is I can answer back but they just dismiss me and told me to pack my things and leave the premise, I was also ask to resign but I refuse. the day after that I filed a case under NLRC for illegal dismissal and then after 3 days I got a letter stating that I am under preventive suspension but no period of time was stated. can I question the legality of their action, I was also given a memo to explain my side regarding the allegation but since I am not allowed to enter the company I have no records at hand and no way to provide evidence to support my explanation. What should I do?.

    [Reply]

    Arkdain Reply:

    I believe, you have all the right the file a case on NLRC. Looking at what you stated, you should have not been terminated without any valid documentation or even without undergoing due process. If what you say is true, that you just received letters 3 days after you filed a complaint, then by any means, this is a very clear example of an illegal dismissal. Yes, you were indeed given the opportunity to be heard, you should have been allowed in some way to find evidences and support your side of the issue.

    [Reply]

  4. can an employee resign during preventive suspension?

    [Reply]

    art Reply:

    your act of resigning is an implied admission of guilt. Why not wait the expiration of the preventive suspension for you to know if you will be reinstated.
    Else, you invoke your rights as provided for by the labor code.

    [Reply]

    Dane Reply:

    good afternoon
    I am under preventive suspension for 30 days for dishonesty which i admitted guilty and that day only, u stated that if i resign i admit that i am guilty. however in my case i already admitted the dishonest action, given the situation can i resign from my position cause even before the suspension i was already unhappy with my work, given that i will file a resignation letter what implication will i face or what would be the effect of that resignation towards me.

    [Reply]

    Regem Reply:

    Hi Dane, you can still resign. However, it is up to the management to accept you resignation or not. Some employers continue to pursue the termination proceeding against the employee even after the employee resigns. Other employers, on the other hand, allow their employee to resign to give them a graceful exit. Acceptance of resignation is a management prerogative.

  5. Please, I want a reply from this comment stated above..Thank you

    [Reply]

    Max Imbang Reply:

    questioning the legality of the employer’s action is always available to you as an employee. Whether it will prosper or not depends on the appreciation by the labor arbiter of your case. The labor code and the constitution provides that an employee can be dismissed only when there is just or authorized cause, and with the observance of due process. Preventive suspension is a right granted to the employer under Section 8 and Section 9 of Rule XXIII, Book V, of the Omnibus Rules Implementing the Labor Code, as amended by Department Order No. 9, Series of 1997 but this right is limited only for 30 days. After that period, you must be reinstated either actually or through payroll. Otherwise, you just have to pursue your case with the NLRC.

    [Reply]

  6. I would like to inquire. Initially I was verbally terminated by my employer due to some allegation I tried to reason out and explain my side and told them that whatever their question is I can answer back but they just dismiss me and told me to pack my things and leave the premise, I was also ask to resign but I refuse. the day after that I filed a case under NLRC for illegal dismissal and then after 3 days I got a letter stating that I am under preventive suspension but no period of time was stated. can I question the legality of their action, I was also given a memo to explain my side regarding the allegation but since I am not allowed to enter the company I have no records at hand and no way to provide evidence to support my explanation. What should I do?.

    [Reply]

  7. hi! my company placed me on a 30day preventive suspension for an allegation made by the customer that I was argumentatively rude, they said that rudeness is against our company zero tolerance policy and is subject for termination… my question is…based on the allegation is my company can right away placed me on a 30days preventive suspension? is my allegation violated the book V Rule XIV Section 3 of Implementing Rules…and if they will terminate me do I have any legal battle? thanks…badly need your advice.

    [Reply]

    Ted Ferrolino Reply:

    The employer may place the worker concerned under preventive suspension only if his continued employment poses a serious and imminent threat to the life or property of the employer or of his co-workers. Based on this, IMO, there is no justification to preventively suspend you.

    If after investigation (by management), it is found that you have violated the company policy, they may terminate you. It is their prerogative. But, if you don’t agree with the finding, you can challenge the finding by filing a case for illegal termination against your employer.

    [Reply]

  8. Can you help me regarding the case of my brother he was security personnel and was under preventive suspension for 15 days but he did not sign the memo after 15 days he then issue again a 15 days preventive suspension but then he did not still sign the reason is he did not record the recovered items of his co guard . Is it right that an employee should receive a memo to explain and at the same time issue a preventive suspension without investigation. need ur help please.

    [Reply]

    art Reply:

    they have the option to suspend him for violation of company rules until the result of an investigation is released, however, after 30 -days suspension, he should be reinstated, otherwise, he should be heard or he may invoke security of tenure (due process) before dismissal.

    [Reply]

  9. jose asuncion Comment:
    April 6th, 2011 at 10:28 pm

    Hi, im currently under a 30 day preventive suspension issued by my employer, after being charged with the violation of Article 282(A&C),Book VI of the LABOR CODE. While the case is still on-going, the company had placed me under a 30 day preventive suspension whithout any reason at all. I would like to ask what are the instances wherein the employee poses a serious threat to the life and property? Im 5’10, 115 pounds, with no criminal record and no history of violence. please advice thank you

    [Reply]

  10. My 30 preventive suspension already lapsed and the extension of preventive suspension with pay was already served. However, the company already notified the NLRC of closure and consequently my co-employee except me, stating also the separation pay they will received. How far do i wait and what should i do.

    [Reply]

  11. anonymous Comment:
    May 14th, 2011 at 11:04 am

    if an employee is under preventive suspension for 90 days effective Jan 28, 2011, is she entitled to Productivity Incentive Benefit, Clothing allowance and 1/2 Year End Benefit for calendar year 2011?
    Should pay her of these benefits?

    [Reply]

  12. suspended employee_also Comment:
    May 23rd, 2011 at 07:56 pm

    Hi Mr Ferollino, let me say my appreciate for this opportunity to ask questions regarding labor law.

    My 30days preventive suspension already lapsed and the extension of preventive suspension with pay was already served.

    My company informed me that they will extend my suspension until they make a final decision on the investigation. How long shall i wait? they placed me under indefinite preventive suspension. In law, until when is the allowable indefinite suspension. Although i am being paid but still i am suspended and dont know my status.
    Thanks

    [Reply]

    Ted Ferrolino Reply:

    The Rule is not clear on the matter as it only states that “the employer may extend the period of suspension provided that during the period of extension, he pays the wages and other benefits due to the worker.” However, in my opinion, if the investigation is taking unreasonably long time to finish, or when it becomes clear that it is only intended to abase or humiliate the employee, constructive dismissal may set it.

    [Reply]

  13. badass trainer Comment:
    June 24th, 2011 at 12:23 am

    I am charged with Act of Dishonesty by asking a colleague to log me in for work. But this offense I admitted beforehand. This is on the pretense that my boss said he has a list of offenders and he gave us a chance to come clean by sending him an email admitting the offense.

    After this, I got an incident report and later was placed on a preventive suspension. Would this be valid?

    I even tried to finish my work after the suspension was served.

    [Reply]

  14. while you have brought the case up to the NLRC, the latter will set a schedule to confront with your employer and explain/clarify things.
    However, your preventive suspension should specify a fixed date, otherwise, your continuous and prolonged suspension shall mean dismissal.
    For your information, an employee while being employed shall be covered by the security of tenure, meaning, the former cannot just terminate you without due process of law or the right to be heard.

    [Reply]

  15. sir, when you say 30 days, does it mean 30 Calendar days or 30 Working days? Thanks..

    [Reply]

    Ted Ferrolino Reply:

    While the Rule itself does not specify, I believe “30 days” should be understood as 30 calendar days rather then 30 working days. This is in keeping with the principle that “All doubts in the implementation and interpretation of the provisions of the Labor Code, including its implementing rules and regulations, shall be resolved in favor of labor.”

    [Reply]

  16. sir, it’s stated that:
    The employer may place the worker concerned under preventive suspension only if his continued employment poses a serious and imminent threat to the life or property of the employer or of his co-workers.
    It is not the nature or gravity of the charge against the employee that should be made the basis for placing him under preventive suspension.

    I’m in a call center company and my fault was accidentally releasing the call which I reported to my immediate supervisor which is supposed to be the procedure. My immediate sup claimed that it was too late. Now, I’m in preventive suspension and according to our HR manager, it will take within 30 days. My admin hearing has done and I was told that the result would be 24-48 hours. It’s over the given period now but I still hear nothing from them. Is the preventive suspension valid? Is my company doing the right procedure?

    [Reply]

    Ted Ferrolino Reply:

    It is the practice of some customer service companies (maybe most) to impose preventive suspension against employees placed under investigation for call-related infractions, such as not following proper call procedure or etiquette, call avoidance or other call deflection strategies. As these are normally considered as serious offenses, and as an agent taking live calls could potentially harm the business considering the peculiar nature of his job, some companies resort to immediate preventive suspension as a matter of policy to prevent further damage to company “property” (the company’s goodwill or reputation is “property” within the definition).

    To be fair, I believe the practice may be justified in some cases, like when the employee is trying to sabotage a call, or terrorize the caller, or commit similar acts. However, in other cases of lesser gravity, I believe it is totally uncalled for. So is the practice of some companies in imposing excessively long preventive suspension, often for 30 days (as a standard?), which is clearly objectionable.

    [Reply]

  17. JURANNICK ALFONSE JURANI Comment:
    July 11th, 2011 at 11:53 am

    Gud day sir, My employer put me under preventive suspension for 30 days he informed me through txt, but 15 days after my the effectivity of the suspension i was terminated

    [Reply]

  18. Thank you for the response Sir. I need a legal advice on this matter because prior to that incident, I already planned to resign but because my Business Manger tried to save me, I retracted my resignation and stayed. When that incident happened, and the preventive suspension has not yet served, I wanted to pass my resignation already but my TL told me that HR will hold it because of the pending investigation which I understand. I accepted the suspension so that I would have a chance to clear my name. To make it clear, when an accidental call release happens, we need to report the incident to our immediate supervisor which I did but according to my TL, it was already too late. My TL told me that it should have reported immediately but we don’t have specific documented policy for that. I presented my evidence which was a print out of my email during the hearing. I was told by our HR manger that the result would only take 24-48 hours and the hearing was on July 5th but until now I haven’t heard anything from them yet. I need to know if we can complain it to the labor. Was the preventive suspension invalid as you said it is clearly objectionable? Following the labor code, are they obliged to pay us during the period of preventive suspension? Can I submit an immediate resignation so I can start looking for another job?

    [Reply]

  19. Elvie Figueroa Comment:
    July 12th, 2011 at 02:51 pm

    Good day… Last January 17, 2011. me and my daughter’s boss got a dispute regarding the document needed to be shred and dispose. But unfortunately January was a hectic schedule for accounting department. Many insulting words was said against me in-front of her Aunt who is also part of the company. Just want to ask if I can resign immediately.

    [Reply]

  20. Hi

    I was put on preventive suspension just right about now for reasons stated below:
    1. instigating store managers and another personnel to transfer to another head on competitor with higher pay and benefits.
    2. Loss of trust and confidence by management
    3. Gross misconduct highly inimical to the interest of the company
    4.Due to gravity of the offense charged, and the nature of the job functions.

    I was also asked to turn over company vehicle,laptops,cellphone and revolving fund.
    I was asked to explain within 48hours why they should not terminate me given the gravity of the charge.

    Here are my questions:
    1. Is an affidavit from 2 managers and 1 personnel( a total of 85 Managers and 400 personnel ) claiming that I instigated talks valid enough to terminate me?
    2.Lost of confidence – 3 weeks ago management prevented access of all data hence I was not able to perform my allege duties since H.R was not able to provide concrete job description.
    3. Gross Misconduct – Is calling a manager misconduct? the contents of the discussion was merely me tired of the current situation after my department was not allowed to attend departmental meeting ( Im the operations manager in a retail chain)does this not jeopardizes my department?
    4. Nature of job functions – I do not have any job description yet? how can they stipulate nature of job function? in fact, all data generation were already barred for 2 weeks.
    5. Is turning over of company property any sign of prejudice?
    No investigation has been conducted. although they already gathered Affidavits from 3 personnel out of the total 450 personnel.

    Please enlighten me sir. What is the right thing to do?

    [Reply]

  21. I was put on preventive suspension just right about now for reasons stated below:
    1. instigating store managers and another personnel to transfer to another head on competitor with higher pay and benefits.
    2. Loss of trust and confidence by management
    3. Gross misconduct highly inimical to the interest of the company
    4.Due to gravity of the offense charged, and the nature of the job functions.

    I was also asked to turn over company vehicle,laptops,cellphone and revolving fund.
    I was asked to explain within 48hours why they should not terminate me given the gravity of the charge.

    Here are my questions:
    1. Is an affidavit from 2 managers and 1 personnel( a total of 85 Managers and 400 personnel ) claiming that I instigated talks valid enough to terminate me?
    2.Lost of confidence – 3 weeks ago management prevented access of all data hence I was not able to perform my allege duties since H.R was not able to provide concrete job description.
    3. Gross Misconduct – Is calling a manager misconduct? the contents of the discussion was merely me tired of the current situation after my department was not allowed to attend departmental meeting ( Im the operations manager in a retail chain)does this not jeopardizes my department?
    4. Nature of job functions – I do not have any job description yet? how can they stipulate nature of job function? in fact, all data generation were already barred 2 weeks prior to the suspension.
    5. Is turning over of company property any sign of prejudice?

    Please enlighten me sir. What is the right thing to do?

    [Reply]

  22. Hi.. Good Morning!
    I would just like to ask some questions. :)
    I was suspended for two weeks because of my 3 lates and 2 missed class. I am currently employed in an online teaching industry.
    They also included the infractions that I’ve made by the year 2010 wherein I got regularized just this year.
    Is it valid to give me two weeks suspension for having 3 lates? I think that is so much! and the fact that they also included the one’s that I’ve made last year.
    August 1-5th was supposed to be my leave and they pulled it back and filed as a suspension. I guess they don’t want to pay me for those days. (cross-cutting issue)
    I just want to know if it’s accepatble if they’re going to give me two weeks suspension for 3 lates.
    thank you.

    [Reply]

  23. Good day, I’dlike to thank you sir for having a forum like these where people can seek legal advise for free. I work in a BPO. I was placed on preventive suspension due to an allegation of neglect of duty and confiscated my ID. I gave my explanation to HR and my Supervisor. My manager on the other hand announced to everyone that we were no longer connected with the company as if i have been terminated w/o the hearing being cinducted yet. after 2 weeks, I was asked to come back to work and they gave my ID card back. Needless to say, I thought I was already acquited. I opted to resign due to the incident but my employer wouldn’t pay me for thedays i was suspended because they said i didnt sign any notice of reinstatement when they have returned my ID and that my resignation became the closure of the case. is it constructive termination if a manager sends out words that they were so sure you weren’t coming back? And can i file a claim for the days that i was on preventive suspension? PLS HELP.

    [Reply]

    Ted Ferrolino Reply:

    The employer may place a worker under preventive suspension if his continued employment poses a serious and imminent threat to the life or property of the employer or of his co-workers.
    The suspended employee is not entitled to salary during the period of preventive suspension, which shall not exceed 30 days. This assumes, of course, that there is valid ground for the suspension (i.e., the condition above is met.)
    If the preventive suspension is illegal, the employee is normally entitled to salary during the entire period of suspension. Further, illegal suspension may also amount to constructive dismissal or illegal dismissal in certain cases. An illegally dismissed employee is entitled to reinstatement and backwages.
    However, since you have already resigned (after you have been ordered to return to work), you may have already foreclosed your right to claim illegal termination. At any rate, you can still file an action for illegal suspension (if you feel that you have been illegally suspended), and claim for payment of salary for the entire period of your suspension.

    [Reply]

  24. hi sir good day,
    my employer placed me under preventive suspension due to some allegation. my 30 days suspension lapsed and a day after my suspension lapsed i file constructive dismisal to nlrc.. during my suspension, my employer hired a replacement for me.
    please advice me if my action is legal.
    please help

    [Reply]

  25. Ian Carlo Apo Comment:
    August 29th, 2011 at 11:39 am

    Good day,

    Facts:
    1. I was under preventive suspension effective last Friday, August 26, 2011.
    2. Fraud allegations from co-worker with an evidence regarding metric manipulation (I’m working in a call center industry)
    3. The said evidence was captured last December 22, 2010 (It happened when I was an agent)
    4. I did not commit the said fraud.
    5. I was promoted as a supervisor effective 1st day of August 2011.
    6. Again, may I insist the alleged evidence was captured last December 22, 2010

    Questions:

    1. Is there something wrong on my preventive suspension?
    2. If I’m a threat to the property of my said employer, why do they have to wait 8 months before they issue the suspension?
    3. How can I file a complaint regarding my case?
    4. 8 months I believe is enough for the management to conduct their investigation, am I correct on this?
    5. There are instance that management can conduct their investigation even if the erring employee is not suspended, am I correct on this?
    6. Am I entitled for a pay during my PREVENTIVE SUSPENSION, if the said allegation is not true?

    Thank you very much for your time.

    I hope that I can hear from you soon.

    More power to you and may you help more people.

    [Reply]

  26. Hi Atty. What if the the company issue a preventive suspension indicating the maximmum days of preventive suspension. what if the preventive suspension has lasped what should the employee do? is it necessary to inform the agent that he needs to go back to work? since it is already stated in the letter the maximmum days that he will be suspended?

    [Reply]

  27. atty. what do you mean reinstated in payroll? you used in your terminologies. what if after the lapse of 30 days suspension, the employee did not report to work. is the company obliged to inform him to go back to work if it is clearly stated that that maximmum days of suspension is 30 days?

    [Reply]

    Ted Ferrolino Reply:

    The employee must be informed of the last day of his suspension, or the day he is supposed to return to work. If the employee is not yet informed, the company is obliged to inform him. The company cannot just assume that the employee knows that the maximum days of suspension is 30 days, especially if it is not stated notice of suspension.
    In payroll reinstatement (reinstated in payroll), the suspended employee who remains under preventive suspension beyond the 30-day period is paid salary for the number of days in excess of 30 days, until the suspension is lifted or until he is allowed to report back to work. In other words, the employee is given salary but not permitted to work.

    [Reply]

  28. atty. additional question on that matter..if the letter of suspension states that the employee will be placed on preventive suspension for maximum of 30 days upon the receipt of this notice. isn’t it a sufficient notification? which the employee signed and acknowledged. the letter is dated by which serves as a guide when the suspension took effect.

    [Reply]

  29. in effect your memo has the date of effectivity of suspension and the number of days the person will be suspended. isn’t it a sufficient notification?

    [Reply]

    Ted Ferrolino Reply:

    The statement that “the employee will be placed on preventive suspension for maximum of 30 days upon the receipt of this notice” is ambiguous. It may or may not be sufficient depending on who’s reading it. To me, it is not.

    To be on the safe side, it would be best to advise the employee of the end date of his preventive suspension, and to require him to immediately return to work.

    [Reply]

    Ted Ferrolino Reply:

    Caloy, if you are the employee, you should at least inform your HR that you are willing and ready to return to work. Put it in writing so it is documented. Your employer may consider your failure to return as abandonment of work.

    [Reply]

  30. Thank you Atty. if thats the case atty. i have not recieved any extension of PS but i have not also recieved a return to work order, but based on the memo assuming that i have signed and explained to me that My ps is for 30 days. i also have not return to work and or communicated about my status before and after the lapsed on my suspension, can i still get paid? and or the other way around can the company sue me for abandonment of work? given the both party aknowledged that the said PS is for 30 days. Thank you for your reply atty. this discourse would pretty sure help both employee and company in understanding what PS is all about

    [Reply]

  31. Hello,

    I’m being suspended for 1 week. But we don’t received any suspension memo from our manager. Is she done a legal step to suspended us. And if not what we are going to do. And know, we received a news that she file AWOL TO US. Please advice us what we are going to do.

    [Reply]

    Ted Ferrolino Reply:

    You may question your suspension/termination by filing a case for illegal suspension/termination with the National Labor Relations Commission (NLRC). Since you were never notified of the grounds relied upon for your suspension, and you were not given the opportunity to explain your side, your right to due process may have been violated. Under the law, employee is entitled to notice and opportunity to explain before he may be suspended/terminated.

    [Reply]

  32. Good day!

    I am working for a hospital and although the memo for preventive suspension has not been served yet HR said that they will be placing me on it.

    Me and my officemates went out drinking after office hours and in a bar far from the hospital. An incident happened where one of the girls present that night went out with me. We went to a hotel but no sexual intercourse happened because I suddenly realized that it was wrong due to personal reasons.

    During that night everyone was asking her if she wants to go home but she decided to stay and be left behind.

    Now she filed a complaint to HR saying that she was drunk and doesn’t know how she ended with me.

    All my office mates have the same statement that she was not forced and that they all asked her if she wants to go home. A proof also that can be later used is the cctv recording of the hotel when we were getting the room to prove that she is aware of whats happening.

    Can HR really meddle on this incident and can they really place me under preventive suspension?

    [Reply]

  33. my husband was given a one day suspension without pay because he was caught under the liquor while on duty. but this was happened only once. is this legal? he did not recieve any reprimand letter or warning fromhis superior what is the legalaction for this?

    [Reply]

    Ted Ferrolino Reply:

    The one day suspension imposed against your husband may be reasonable under the circumstances. However, since he was not given the opportunity to explain his side, there may have been procedural lapses on the part of the employee.

    The law gives the employer the right/power to discipline erring employees. Thus, employer may reprimand, suspend, or even terminate the employee if warranted. The exercise of this power is subject only to limitations that its exercise should not be arbitrary and that the penalty imposed should be commensurate to the offense committed (i.e., not excessive). Moreover, before any disciplinary action is imposed, the employee must be given opportunity to explain his side.

    Failure to give the employee the opportunity to explain may entitle the employee to damages. However, even then, the penalty remains valid if justified.

    [Reply]

  34. Edgar Morales Comment:
    November 18th, 2011 at 02:06 pm

    Sir we work in a resort, is it legal to give preventive suspension to a manager if he was alleged to be joining or involved in an opposition bloc to the management? Given that the manager aired his/her explanation of denial. Does the employer has legal rights to serve preventive suspension?

    [Reply]

  35. I have a cousin who received a dismissal letter from the HR and from the looks of it, HR did not find any evidence to support their claim since they asked my cousin to lay down her demands and settle amicably. When she gave her demands, the HR negotiated and told her that her status is “retired/retirement” with separation pay 1/2 salary x years of service. Can a mid 30s be labelled “retired” even if the letter says she is dismissed? How much is the minimum separation pay she can receive?

    [Reply]

  36. Atty. I am working in a hospital and our HR issued a preventive suspension for alleged gross negligence of duty. PR does not contain the length of the suspension.is it legal if an employee received a memo stating that he/she is under preventive suspension until further notice? can an employee under preventive suspension receive his/her 13th month pay and the salary for days of work tendered before the issuance of preventive suspension? HR department told me that my 13th month pay and the salary will be put on hold. please advice. thank you very much

    [Reply]

  37. Atty. I’m under preventive suspension because they caught me in our housing priveledge that my co-worker was there in my bed and I was embrasing her. The HR manager was there and also the broder in law of my co-worker.They take videos and pictures for evidence. I know that we have rules and regulations in our room that no girls are allowed to enter in our room and vice versa for the girls but I do. What should I do? Do I have to resign or wait for the call of our HR Department. My co-worker was suspended also right no.. Pls give me some advise sir. Thank you

    [Reply]

  38. Good day Attorney, I am working as a Toll Collection Supervisor in one of Tollway express here in the Philippines.I am currently on 30 days suspension without pay for alleged gross negligence in the performance of official function.They decided to put me in 30 days supension based on my Noticen to Explain letter. Without any further investigation. Is it legal?hope you can give some advice about this. thank you and more power

    [Reply]

  39. Liza Sangcap Comment:
    December 1st, 2011 at 11:21 am

    Our company is a distributor of a particular product in Laguna. For this past few days during our physical count we found out that there are items that are lost and the amount involved was around 200 thousand. We issued a memo to our warehouseman how this happened but with his reply we are not satisfied because he does’nt explain it clearly and actually the answer is far from the question. After that lost in succeeding days still we found out that there are still goods that are lost. Can we find him a preventive suspension while we investigate how this happen?

    [Reply]

  40. Hi Atty,

    I’m currently in a preventive suspension for 30 Days since December 01, 2011 and will end on December 30, 2011. I’m in a preventive suspension due to “Alleged Security Breach”, for sending and or receiving confidential information to a personal and or any related non-work related email address. Along with this, I was given a corrective action for possible termination.

    What happen was, my agent sent an email attaching a confidential file which contains customer/client information to her personal yahoo e-mail since August 2011. Recently, November 23, 2011 before i ended my shift I asked my agent to send a file which only contains Call Types, date, month, weekending, synopsis of the call. There was no customer/client information such as card numbers, customer’s name, address, phone numbers, etc in the file that i asked from her. I only asked that file once to my agent because i need to update the file at home so I will be able to know what triggers our AHT high week over week. I even asked her to stop sending it the following day.

    Then on December 01, 2011. I was asked to leave the operation and went to a phone interview with the client for Alleged Security Breach. I explained to them that I only asked my agent to send the file with no customer/client information. I was shocked when they told me that they were able to track that my agent start sending that confidential file since August 2011. On the initial investigation of the client they found out that my yahoo email is in the recent sent items of my agent’s email address. I explained to them that I only asked my agent to send a non-confidential file on Nov 23, 2011. I added too that there was no e-mail exchange between my yahoo email account and my agents company email prior Nov 23, 2011. I’ve found out as well that my agent sent that confidential file into my yahoo email account after Nov 23 2011. However, I DO NOT ASK for those files to be sent to me. My agent can testify that I only ask her once and that is a different file with no customer/client information. As an ordinary person, I’m not regularly checking my yahoo email account thus I just notice it as well on December 01, 2011 that she sent the confidential file on Nov 23, 24 & 27, 2011 in my yahoo email.

    I know that I’m her supervisor but not all times is I’m with them to monitor what they’re doing plus the fact that I’m in graveyard shift and she’s in a day shift.

    I already submitted my Explanation Letter to the management to defend myself. I also gave a consent to our HR & IT to access my yahoo account and my personal laptop on Dec 01, 2011 to check emails and delete files.

    Do they have the right to Terminate me after my “Preventive Suspension” even if I DON’T asked my agent to send the confidential file into my yahoo account?

    Please email me, I’m looking forward for your reply.

    [Reply]

  41. Hi,

    I was suspended because of sexual harassment. Company gave me a 30 day preventive suspension.

    However:

    1) The incident report about my case was filed 2-3 months ago. Is it still a valid case?

    2) I asked for the first hearing to be rescheduled because of my medical condition, hence, with that medical condition amy doctor gave a medical certificate “Not Fit to Work”. And did advise them that I am not able to attend hearings because of this condition.

    3)30 days have passed and I haven’t received any update from my employer. I have been constantly contacting the HR and my Manager but they are not replying.

    Seeking legal help.

    Thanks.

    [Reply]

  42. hi,im working on a private co.,i was caught not giving exact amount of money to the designated person.my 13th mo.pay was not given to me w/o informing me,and only lately they told me because i ask of it,they just told me that they’re not yet deciding if i can get it or not.until now they dont give me any feedback. is it legal not to give my 13th mo.even if i owe the co.?do they have the right to hold/freeze my 13th mo.pay?
    looking forward for your response.
    thank you

    [Reply]

  43. is it in the labor law that my employer can hold/freezed my 13th mo. pay?eventhough i committed a mistake?what should i do next if ever they dont give my 13th mo.?

    [Reply]

  44. hi… im currently placed under preventive suspension for 30 days starting January 6, 2012. We’ll have our pay out this friday, january 13 and that covers working days from december 11 to december 25, 2011. They informed me thru SMS that they put my salary on hold. Is this legal? I undestand that I will not be paid during the days that I’m suspended unless proven not guilty. But how come even the days prior to my suspension are being put on hold as well. Please help. Thanks!

    [Reply]

  45. hi… im currently placed under preventive suspension for 30 days starting January 6, 2012. We’ll have our pay out this friday, january 13 and that covers working days from december 11 to december 25, 2011. They informed me thru SMS that they put my salary on hold. Is this legal? I undestand that I will not be paid during the days that I’m suspended unless proven not guilty. But how come even the days prior to my suspension are being put on hold as well. Please help. Thanks so much!

    [Reply]

  46. hi…I’m currently placed under preventive suspension for starting January 11, 2012 but no dates if until what dates to finish my preventive suspension. We’ll have our pay out this friday, january 13 and that covers working days from december 29 to january 10 2012. They informed me thru SMS that they put my salary on hold.this is a legal? I understand that I will not be paid during the days that I’m suspended unless proven not guilty. But how come even the days prior to my suspension are being put on hold as well. Please help. Thanks so much!

    [Reply]

  47. hi sir…I’m currently placed under preventive suspension for starting January 11, 2012 but no dates if until what dates to finish my preventive suspension. We’ll have our pay out this friday, january 13 and that covers working days from december 29 to january 10 2012. They informed me thru SMS that they put my salary on hold.this is a legal? I understand that I will not be paid during the days that I’m suspended unless proven not guilty. But how come even the days prior to my suspension are being put on hold as well. Please help. Thanks so much!

    [Reply]

  48. Hi,
    I would to ask because I was called by our CEO from his office and he said that I will suspended for 6mos. I was so shock for the long term of suspension without even knowing what is the ground of my suspension they didn’t have any notification for me to answer to whatever the complains I was not informed of my formal grounds of suspension and due process is not being follow. I was the department head of the company and 2 of my staff were being subject for committing a fraud of not following proper process or cash flow. Since I am the dept.head I also have the right to know my grounds because that was committed without my knowing it was hidden from for a period of months after knowing it the damage was already done. so my question I was inform of my suspension for 6mos without signing any documents what will I do because according to our CEO after 6mos there not sure if i should be back or not so I have to find another job when i came back i will no longer back to the present position they give me and that I loss my seniority in the company.I have sign a lateral from being a dept. head to an HR so if I am the being entrusted as HR how come they will suspend me without laying down a clear grounds of my suspension?

    [Reply]

    jen Reply:

    hi,

    I am currently placed under preventive suspension because of alleged offense against integrity and honesty (desired behavior): any form of misrepresentation resulting to fraud. Our account got dissolved and so until now 2 of them do not have an account – thus they are on floating status . The other 1 is on ML while the other one will take her ML on April. I obviosly did not touch the record of the one in ML. HR said to approach any supervisor to edit payroll because they cannot do shift upload which OPS can do and so I did what they instructed. HR thought that the 2 are not physically present where in fact we have witnesses that could testify they are staying in the pantry.

    Is my preventive suspension justified in this case? I feel I do not pose serious and imminent threat to life and property.

    [Reply]

  49. Atty. I’m working in a school. I was designated by the school as P.E. Teacher but I am graduated as Bachelor of Elementary Education area of Specialization(Technology and Home Econimics) 7 years na po ako sa school as P.E. Teacher. There was an incident that one of my grade 3 pupil drown in the swimming pool during our P.E.class. But we tried our best to revive the child. Then the child died aftet 2 days in ICU. Now the school issued me a preventive suspension for 30 days without salary.so what must I do po

    [Reply]

  50. iPls. Advice naman po pls.

    [Reply]

  51. marvin clark ;.salazar Comment:
    February 6th, 2012 at 04:22 pm

    I was placed under preventive suspension of the company that i’am working, i was pulled out from calls by the QA Manager and charged me verbally of committing fraud,making sales without a recording,sent me home right away even without proper documentation,this incident happened 2 days prior to the receipt of the preventive suspension order coming from the company.After reading our cocd for several times, i realize what they have done is out of due process..The QA Manager has no rights to pull me out of calls and he himself did not inform my immediate superior about they have charge me.can you please enlighten me of my rights regarding the matter.

    [Reply]

  52. Good day!My husband was put on preventive suspension effective march 28,2012 and his employer held his march 30 salary, is that valid attorney? And another thing, the reason he was suspended was because he was one of the key holders of the restaurant where he’s working and there was an alleged theft on the resto, the police are already investigating on the matter. Their 2 cashiers were also suspended. IN fact,the 2 cashiers have been suspended a week earlier than my husband. The problem was, their colleague, who is also one of the key holder was not given suspension and even the manager who has access to the vault where the sales are being kept. Only my husband and the 2 female cashiers, can we question that action of the employer? If their reason for putting employees on suspension is because they were key holders, why didn’t they suspend all the employees who have keys to the restaurant and the vault?

    THanks and more power!

    [Reply]

    Ted Ferrolino Reply:

    Hi! I hope everything is fine by now. To your question, well, it’s really hard to question the management’s reason behind the suspension at that point since they were still investigating the case at the time. Maybe they felt it was necessary.

    Under the rules, preventive suspension may be imposed if the employee’s continued employment poses a serious and imminent threat to the life or property of the employer or of his co-workers. It is not a punishment, but simply a preventive measure.

    [Reply]

  53. hi,

    with regards the extension of suspension. can this be done verbally or it needs to be in black in white?
    because my suspension was extended but they just tell us tghat it is extended. is that legal?

    [Reply]

    Ted Ferrolino Reply:

    Sorry for the delay.. I’ve been too busy the past few weeks. To your question, yes, you have the right to demand that the extension be put in writing. It’s for your protection.

    [Reply]

  54. asan na po ung sagot nyo sa tanong ko

    [Reply]

  55. kathy madriaga Comment:
    April 23rd, 2012 at 05:49 pm

    good day, i am working as a technical support representative in a call center, i accidentally release a call and failed to answer 1 call on the same day, because I’m suffering from great pain because of my fractured arm, I have a record in our clinic on that same day too that i asked for a medication for my health condition and they only provided a mefenamic acid. after 10 days i was given a preventive 30 day suspension, does it really take that long after the incident that they will decide to give me a preventive suspension?given for a fact that very same day, they advice me of the thing happen and just release a preventive suspension in written form for 10 days?

    [Reply]

    Ted Ferrolino Reply:

    Unless you believe that the delay has some malicious intent behind it, perhaps, to harass you or something, it does not seem too extravagant or unreasonable if you ask me.

    I am not saying that the preventive suspension itself is valid. (Please see the requirements in the article above if it fits the standard set by law.)

    But since it seems your only concern is the delay, well, maybe, it took them that long to make a determination whether preventive suspension was necessary. It could very well fall under management prerogative.

    [Reply]

  56. does the 30 working days preventive suspension is legal?

    [Reply]

  57. Joy Siapno Comment:
    April 27th, 2012 at 01:00 pm

    hi,
    i would like to seek advise, I am now under a 6-month probationary period in a company, i signed a contract 1st Apr 2012, however, i would like to resign but i’m worried for there is a clause in the contract that said “7. Right to Injunction, Damages and Other Legal Remedies- Any violation of any provision of this contract shall give the company the right to file for injunction and/or temporary restraining order against the Employee and/or his agent, partners, principals, associates or employers, plus fifty percent share in all incomes, dividends profits and/or compensation arising from, in relation to , connected with, or as a consequence of the competing venture, plus damages or not less than P50K, attorney’s fees of not less than P 50k and costs of suit”

    If i will file my resignation, should i pay any damages?
    pls reply the soonest for i’m planning to tender my resignation next week.
    Thank you

    [Reply]

  58. ann cruz Comment:
    May 6th, 2012 at 12:29 pm

    can i render my resigantion if my termination is not yet served?

    [Reply]

  59. Hi!

    I was placed for 30-day suspension because of 2 misconduct/charges against me effective may 8, 2012. now for may 15, 2012 salary(for the period apr 23-may 8, 2012), the company did not release it because they said i have pending case/under investigation. are they correct? do they have right to hold my salary earned prior to suspension? what should i do? please help me…
    thank you very much…

    [Reply]

  60. gudpm my ps is lapsed. hr told me he extend my suspension then he said that i recieved my payroll but salary only with no benifits at all such as my rice subsidy monthly ,etc.2nd question?can i loan today compay or sss.tnx

    [Reply]

  61. can employer refund or repay the 30 days preventive suspension if my case is not guilty?

    [Reply]

  62. ryan santos Comment:
    June 11th, 2012 at 09:33 am

    Gud day! enquire lang ako.. i was sick to 2 days but i advise our manager na absent ako because im sick. on my 2nd day nag advise po ulit ako sa management that still d pa rin ako makapasok to have check up because may lagnat pa rin ako.. on that day then tinawagan ako ng hr dept namin na nagalit daw po ung boss namin at wag na daw po ako pumasok.. then i said ok bayaran na lang nila years of service ko but they said na suspended lang daw ako for 1 month.. valid po ba un w/o proper notice?.. accdg sa discipline manual namin 3 days muna suspension pero i have my medical cert. patunay n may sakit po ako.. may laban po ba ako f nglabor po ako and i dont have plans to go back since i was verbaly abuse there also. pls help me.. thank you so much.

    [Reply]

  63. SHIRLEY MELGAREJO Comment:
    June 20th, 2012 at 03:31 am

    atty,

    if ever we found employee guilty due to dishonesty, do they have right to submit resignation letter even they have pending case and in assessment process? thanks and more power….

    [Reply]

  64. SHIRLEY MELGAREJO Comment:
    June 20th, 2012 at 03:35 am

    atty,

    if ever we found employee guilty due to dishonesty, do they have right to submit resignation letter even they have pending case and in assessment process? thanks and more power….

    [Reply]

  65. Hi Sir,

    I am unable to find the proper section/entry for my concern and siguro ito na po yung pinakamalapit kaya dito na ko nagpost. May mga gusto lang po akong malaman:

    a. I would like to know more about non-compete clause/agreement and its difference with the conflict of interest.

    b. Would you still consider it conflict of interest if you already handed your resignation to your employer and will be starting on the new one? Kumbaga, resignation in process na nung magstart ka sa bagong employer mo. What could be the possible grounds for punishment/case?

    c. Is declaring conflicts of interest in my new employer would help na maiwasan magkaroon ng malalaking issues with the employment?

    Thank you very much po sa tulong. :)

    [Reply]

  66. Hi.

    I am currently working as an HR practitioner in a BPO in the Visayas.

    There has always been times when placing an employee on preventive suspension has created numerous conflicts between Operations and HR as we do not normally place an employee on PS as recommended by Ops for lack of justification.

    In cases when an agent becomes rude to his/her customer over the phone, with that agent being requested by the client to be removed from the phones, do we impose a preventive suspension while the department is conducting an investigation?

    Can we consider our clients as life and property of the Company?

    Thanks.
    Mikko

    [Reply]

  67. Hi, i was informed just now that i am suspended for a day because of tardiness. i was advised by my Senior Manager after i advised her that i cant make it today for i was sick.i was also advised that she made the effectivity of my suspension to July 2, 2012 (a holiday here in Pasig City) so i could not receive any holiday pay. My absences started are the following dates: June 25- 27, 2012 (sick and filed an SL with medical certificate attached the day after (advised to rest on the 27th)); July 3 and 4, 2012 (with medical cert but no SL left) and today July 9, 2012. I have been sick lately but never fail to advised them of my condition. But since i haven’t received any formal verbal/ written warning from her or from the HR/ management. May i validate if they have the right to suspend me given the effectivity date and the reason. Hope to receive your validation the soonest. Thank you in advance.

    [Reply]

  68. Hi, i was informed just now that i am suspended for a day because of tardiness. i was advised by my Senior Manager after i advised her that i cant make it today for i was sick.i was also advised that she made the effectivity of my suspension to July 2, 2012 (a holiday here in Pasig City) so i could not receive any holiday pay. My absences started the following dates: June 25- 27, 2012 (sick and filed an SL with medical certificate attached the day after (advised to rest on the 27th)); July 3 and 4, 2012 (with medical cert but no SL left) and today July 9, 2012. I have been sick lately but never fail to advised them of my condition. But since i haven’t received any formal verbal/ written warning from her or from the HR/ management. May i validate if they have the right to suspend me given the effectivity date and the reason. Hope to receive your validation the soonest. Thank you in advance.

    [Reply]

  69. I have been put to Preventive Suspension since yesterday because of an allegation against me of utilizing company resources for personal gain (which I have proof that I am not guilty, by the way). My salary that was supposed to be released today, cutoff was June 18 to July 1, was put on hold. My HR told me that they will release it as soon as they finish the investigation. Isn’t it improper to hold the salary that I worked for from previous cutoff? I know I am not entitled to pay DURING the duration of Preventive Suspension but the company shouldn’t have the right for the pay that I gained previously, right? Please enlighten me. Thank you in advance.

    [Reply]

  70. good day..i received NTE due to alledge theft and i was put on PS for 1 month withour hearing my side..the one issued the PS were my managers/head..is this legal?is it lega to put me on PS while under investigation “kuno” where my side has not been heard by mnagement?hopin for your reply..thank you

    [Reply]

  71. hi atty. can you please help me. i am now put a preventive suspension. can i file my resignation? because my case is hindi ko po napaalam yung two empty boxes of karton,and the guards allegde me na hindi na ipa check..but it is all wrong they must see the cctv camera for further invest. tama po ba na 30 days suspension bnigay sa akin?di po ba masyadong matagal yun?pls i need your advice thank u so much.

    [Reply]

  72. pwede po ba na magbigay ang employer ng 1-2 days suspension kahit na walang binigay na written company policies? ang violation po ay tampering of time-card at natutulog po during duty. hindi po ba dapat written warning muna bago suspension? nakita po sa CCTV camera na may discrepancy ung login sa time card at time sa CCTV. hindi po aware ang mga empleyado sa mga patakaran ng kompanya.

    [Reply]

  73. Hello. Good day Atty. I was put to preventive suspension due to Information Security. They said I violated it because I accessed prohibited website (www.shrib.com). The day I got my NTE (w/c I never signed because I felt I was prejudiced w/out enough evidence and proof of screenshots), they removed me from taking calls, disabled my logins and put my salary on hold. They have given 5 days for me to explain my side so I immediately passed an explanation letter the day after I got suspended and filed a case in NLRC. I knew that I was framed up by someone who was trying to screw me up. I never accessed the website (shrib.com) for the dates that they were accusing me of. I know that I’m not guilty for something I’ve never done though I admit that I have copied and pasted sales rebuttals (that are not even related to any client info) from google to shrib.com so I can use as reference to become an effective sales agent.. I waited for 5days and they asked to come back to work. I reviewed the decision and I was surprised to know that I won’t be paid for the days I was suspended because they were claiming that I’m still liable for it. I was advised by my colleagues that I should be paid for the 5days suspension. I am so demotivated and demoralized at the same time because of what happened and because of the fact that I’m not guilty of this BS. My hearing with NLRC is fast approaching and will be on oct 04 and the 2nd hearing will be on oct 11. Is my case still valid? Thanks!

    [Reply]

  74. Good day. I would like to seek advice regarding my situation to my current job. Our branch was under investigation, our OIC was put on preventive suspension. I submitted a resignation letter because I will be transferring to a bigger company but our HR director refuses to accept my resignation, her reason is that I was part of the investigation they are conducting and with that I cannot leave the company without the resolution of my situation. Please help, as per my research voluntary resignation can be done by any employee as long as they serve the 30 days notice they are free to leave the company. Our HR is threatening me that I will be on AWOL if I will no longer report on my job. What is the best thing for me to do? Thanks

    [Reply]

  75. jorge benson anonuevo Comment:
    October 16th, 2012 at 04:36 pm

    Good day.. my employer just issued me a preventive suspension today for 30 days they say. for unauthorized used of network facilities (wi-fi internet access) which i have no knowledge that it is the company’s wifi access because it doesn’t have the company’s name when i first connect on the wifi access. as i told them it could have been wifi from the floor beneath or above or even the office beside our office. i just saw an unsecured wifi connection i connected to it but for some reason i cant really explain after i connected to the wifi access it auto config i just press next next on the window that appeared on my screen after that i had an internet connection. but my laptop name appeared as the wifi ssid or wifi name and the wifi produce its own password. since its free connection i shared the connection to my other co worker. i never approached the device itself as i told them clearly.

    my question is that reason valid and poses a serious and imminent threat to the life or property of the employer or of his co-workers?

    and if im not guilty, should my employer pay me the whole month they suspended me? i mean can go after the month the whole month that i should have earn?

    thank you very much i hope you could address my query.

    [Reply]

  76. i am government employee, is it legal that my performance bonus(cash gift) be forfeited also. my thirteenth month pay was already forfeited since I had a two month suspension for an administrative case this year.

    [Reply]

  77. I am a Head Cashier of certain Hotel here in QC…I found out that the vault has been opened and worth of cash had been taken…they had already terminated the person whom they suspected took the cash from the vault and investigation had already been done, and they gave me a preventive suspension due to negligence of duty… and it will due on the 15th of December.
    ‘Preventive suspension is usually imposed against subject employee while the company is conducting an investigation for his alleged violation in order to prevent him from causing further harm or damage to the company or his co-employees’.
    I would like to know if the suspension is legal…and if I will be asked to report for duty, will they have to pay me for serving the 30days suspension?

    [Reply]

  78. Harold Rabino Comment:
    December 27th, 2012 at 04:32 pm

    Good day, I’m on 30 days preventive suspension i left my personal documents in the office. I would like to get it but the management won’t give me. What will I do, in legal way? I need those documents for requirements on NHA requirements. Please help me.

    [Reply]

  79. hi. currently im under preventive suspension. I already rendered my first 15 days. Im quite confused because it started jan 9 ended jan 28, clearly its not 15 calendar days, they extended my suspension for another 15 days and they said it will be under working days because they said “my offs” are not included on the extension. Is this right? or is this illegal?
    pls rely, thank u!

    [Reply]

  80. Just want to ask if the 30days preventive suspension was already finished and the employee has chargeable amounting only PHP30,000.00 which the employee cant pay it in full, can the dismissal or termination be served or the employee will reinstated until the the chargeable amount be fully paid by a salary deduction?

    [Reply]

  81. Sir,
    Feb. 22, 2013 i receive a memo informing me that i am under preventive suspension immediately the following working day for 30 days effective Feb. 25, 2013. But what shocks me is that the reasons of committing the violations they are accusing me was never proven that I have committed it, they never investigated if such violations really happened, I did not commit such violatons. Nagtataka rin po ako kasi ang binigay nilang time to investigate or for my side to be heard by the company legal cousel is only after 10 days of my suspension which is on March 7, not before the preventive suspension. May due process po ba na dapat sundin before nila i serve ang suspension? Is the preventive suspension legal? Ano po ang dapat kong gawin? Can I file a complain at DOLE? Please help me Sir. Thank you.

    [Reply]

  82. I recently receive a memo that I am under preventive suspension effective immediately for a maximum of 30 days. I did a violation and I admit that, however I only committed that violation in order for me to do the job done. the company has a violation of using a storage device in the office, but I never stored any confidential company documents, those where just images, lots of images that need to evaluate, I used the USB to transfer the file over to my PC due to the PC that I was using the previous day was being used by another agent. they confiscated my USB for investigation. only movie files are in there when they investigate it.

    I would just like to ask for an advice, My hearing will be this coming March 1, 2013, I need to ask what are my defense, option, etc. I really love the job and already attached to the company. I don’t want to lose my job. please help me sir

    thank you

    [Reply]

  83. lance gamboa Comment:
    March 1st, 2013 at 03:38 pm

    Good day sir,
    I received a memo that I am under preventive suspension dated nov.7, 2012. Dec 5, 2012 I went back to the office and asked for my status hr said that there is no result yet and they will just informed me, jan 10, 2013 I went back again to us my status hr said that my file is missing and they doesnt have the result of the investigation yet, no idea when the hearing will be conducted,I was been advice for the second time that they will just notify me, that they I went to nlrc to file a case against them for illegal dismissal and illegal suspension,first and second hearing they didnt show up, after the scheduled hearing,dated feb. 4 2013 I received a return to work order stating that im on awol status. My question sir is, the case that I filed against them is that valid? and the return to work order that they sent to me is that valid as well even I have the document with signature that im on preventive suspension? and they send it two months ago? Waiting for your response. Thank you

    [Reply]

  84. I am currently employed here in a BPO company in Cebu City under a travel account for almost 4 years now. Until I was alleged of an ‘harassment’ case from an escalation over the phone after I tried to call the customer back. It turned out to be a total misinterpretation by the customer from my attempted call backs for my sole intention was just to help the customer out on her dilemma/concern. There were even no escalations to all my call backs to justify such deteriorating act which I never did. Besides, I’m not even against the customer at all. Now, I was then endorsed to the HR and was required to submit a written explanation within 5 days for my NTE in support to my side. After that day, my account credentials was disabled and disbanded from full-access. This manifest that I was already taken off the phone after the said report has arised. Just before the 5th day, I was able to submitted my explanation in a written form to detail and justify against the allegation. Now my concern is, I dunno what is my current status since I can no longer take calls and don’t know if am still obliged to report to work or not until further notice. I can’t even tell if I am currently under a ‘Preventive Suspension’ since no memo or what not was been issued to me by my direct sup or manager nor from our HR. I was even NOT YET TERMINATED by the company since i still have my logs and schedules on a daily basis with breaks and lunch. So I’m totally confused! I did tried to approached this to my sup but he doesn’t even have any say at all. So my question is, am I still paid in full for the next pay as I continue to report to the office for a total of 8 hours even without taking calls? I don’t exactly know what is my current status now while waiting for the admin hearing. Please help. T_T

    [Reply]

  85. Hello Sir,

    Does this apply to contractual employees employed in an agency? How soon can a preventive suspension be given to eomployee? Does the employee needs to be given warning first or is it immediately executory?

    [Reply]

  86. luisito talaro Comment:
    April 10th, 2013 at 03:17 pm

    magandang araw po. ako po ay humihingi ng tulong at legal advice sa inyo. ako po ay regular employee ng kumpanyang oracle petroleum corporation sa malolos city bulacan. feb 2010 up to present po. ako po ay napaaway sa loob ng planta. ako po ay sinuspindi nila ng walang ibinababang memo pinatigil po nila ako ng superior at management dahil po sa nangyari isinailalim po nila ako sa preventive suspension pero wala naman binibigay na memorandum na nagsasaad ng preventive suspension at date kung hangang kailan ang suspension ko.
    after 2 days bumalik po ako sa kompanya para malaman ko po kung hangang kailan ang suspension ko ngunit termination papers po ang binigay nila sa akin. at wala daw po ako makukuhang separation pay sa company..ano po ba ang dapat kong gawin

    [Reply]

  87. hi,

    may friend is under preventive suspension which she admit it is her fault however one of the witness who request for the incident report was really not there. and she was given a memo as of 04/04/2013 and indicated their that she was given until 04/13/2013 to submit the reply, now they undergo hearing last 04/10/2013 and right after the hearing she had preventive suspension the same day.they got her badge id and no documentation her effectivty of the preventive suspension and until when.it seems that she had given the memo just for documentation but is it okay for the company to put the employee in preventive suspension immediately even without giving any copy when will it be effective and until when.isn’t illegal? can they terminate the employee while in preventive suspension and what are the due process?

    [Reply]

  88. Sir gd pm. Will you please enlighten me: Can a notice of termination and preventive suspension be issued at one time? Based on my understanding warning either written/verbal (up to 3rd offense) must be issued first prior to suspension, then suspension be issued first prior to termination. Thank you.

    [Reply]

  89. pls advise what is considered to be an ‘illegal’ preventive suspension. how will we know that the preventive suspension served is valid or invalid. pls help. thanks

    [Reply]

  90. hi! can you provide a sample memo for preventive suspension pls..

    thank you.

    [Reply]

  91. Hi,
    I just have a question. I was recently under suspension for more than 30 days but I haven’t receive any memo or letter than I am termination. It is a must for the company to send written letter about the termination or verbally will do!? I haven’t got back to HR to check but my supervisor informed me I was already terminated. Do I have a claimed instead of termination, I will just resign!?
    I really don’t know what will I do!?
    Thanks in advance.

    [Reply]

  92. if under preventive suspension, is it okay to apply to other companies? or is it a must to wait til the case is fully resolved?

    [Reply]

    admin Reply:

    There’s no such prohibition under the law, or at least I am not aware of any. But you may want to check your contract with the company just to be sure. At any rate, applying for another company may cause you some problems. One, it may be difficult for you to return once your suspension ends, which may ultimately lead to your termination. Another, some contracts prohibit employee from having some form of conflict of interest.

    [Reply]

  93. Hi Sir, I’m a sales executive from an FMCG company and just recently, I was involved in a vehicular accident and unfortunately, the other person involved died. Yesterday i was issued a Notice to explain memo and in that memo also indicated that I am put to preventive suspencion for 20 days without pay effective immediately. My question is,does being involved in an accident merits that or makes my presence and continued employment poses a serious and imminent threat to the life or property of the employer or of his co-workers. I am aware that the accident caused damage to company’s property, but that was an accident. it is not intentional, how come i am a threat to the lives of my co employee and to the company’s property? Hope you can share your thoughts on this since I was given 5 days to submit my explanation. Thanks

    [Reply]

  94. Hi attorney!

    Under Agency po kami. nag fil po ang pinagtratrabahuhan namin na manager namin sa agency ng incident report dahil may nawalang pera. ngaun po nag bigay ang agency ng suspension pero di po namin pinirmahan at ni recieve. dahil napagbintangan po kami. imbes, nag submit kami ng resignation letter. kasi po 12 days na lang matatapos na contrata namin. eh 15 days suspension po iyon.

    Q: papasok po ba ito sa Constructive Dismissal?
    Q: At sino po ba ang dapat namin kasuhan. ung Agency or ung Pinag tratrabahuhan namin..

    Sana po masagot nalilito po kc kami.

    salamat po

    [Reply]

  95. desiree delos santos Comment:
    June 20th, 2013 at 05:43 pm

    good day!i would like to ask a very important question which i am eager to know what will be the steps for us to do regarding the agency which i am applying.as far as i’m concerned i am worried because i discovered that my agency is now in preventive suspension.is that possible that that case will be resolved and is it possible that our documents will still be process?for i already signed up my job order,hope you will give me an advice for me to do because i am not alone we are few.thanks!

    [Reply]

  96. Just want to ask,im hired as a barista on one of therec. Agencies in manila,and till now they are preventive suspension ,.how many days will i wait to remove the said susp,.? Tnx

    [Reply]

  97. I received 3rd memo for tardiness and it lead to suspension but I did not received any 1st or 2nd warning. Legal po ba ang suspension na gnwa skn? because biglang suspension wla man lng verbal or written warning ako natanggap prior to suspension

    [Reply]

  98. Hi Atty, inquiry lang po coz I’ve been on preventive suspension for 43days already. Base on Section 9 of Rule XXIII, Book V of the Omnibus Rules Implementing the Labor Code, “No preventive suspension shall last longer than thirty (30) days. The employer shall thereafter reinstate the worker in his former or in a substantially equivalent position or the employer may extend the period of suspension provided that during the period of extension, he pays the wages and other benefits due to the worker.” What does it mean po?, will I be paid of the excess of 30days which is just the 13days if in case they will reinstate me tomorrow or I will be paid the whole 43days? Should I get my salary on 30th day of preventive suspension or during payday once I get reinstated?

    Thank you very much for reading my email.

    [Reply]

  99. Sir, I m working in private ltd pharma com. I had suspended from company. And as per discussions with my imediate boss I had resigned from compaby. Now my question is should company file case now due to resigned from company in suspended period. Pls reply me.

    [Reply]

  100. Hi

    good day,

    I would like to inquire regarding the case of my wife she is a vault custodian in one pawnshop and she discovered that there were item in the vault missing worth 104,000. She report it immediately to her manager for further investigation. She is certain that she do her best in her duty but due to unexplain reason the item was lost. She is now under 15 days preventive suspension and her half month salary was hold. We would like to ask if this is legal to suspend her alone since they are many also inside the vault and it is legal to hold her salary. we already blotter to the police this incident. Sir pls advice us what to do. thank you very much.

    jepoy

    [Reply]

    admin Reply:

    Preventive suspension is not a penalty. It is more of a device available to the management so they can proceed with their investigation more effectively, while at the same time preventing further damage to the company. On the part of the employee, it is not always a bad thing. The employee can use the time to prepare his/her defenses, gather evidences, and even consult a lawyer.

    [Reply]

  101. can i ask my agency had preventive suspension they already 30days ago but until now they cannot cal me and money had been them what will i do

    [Reply]

  102. Sir I worked in a BPO po.. my case is I did not declare 4 companies in my resume’ during the application. 10 month s have passed, I’m already a regular employee, they said that there was a recent change in the policy of the company wherein background checks have to be made. They asked me to submit an SSS static report and SSS Employment history. When they got the copy they found out that I didn’t declare 4 companies and I explained to them that the reason I did that is because I didn’t think initially that it would matter since among those 4 companies, the longest stay I had was less than 2 months.

    The admin hearing took place aug. 14 and They placed me on a 15 day preventive suspension, effective on the day of the letter which is aug. 7.. now it’s been 29 days and when I contacted them, they thought it was 30 days so I told them NO IT’S 15 days! you even signed it.. so what they did is they want to extend the suspension and asked me to go at the office later tonight.

    my questions are:

    1. knowing what my offense is, is it that hard to decide whether they should terminate me or not? because the reason they gave me for not having any resolutions yet is because my case is complicated.

    2. just to confirm, is this correct sir, 30 days is calendar days since the labor code doesn’t say it’s working days so it’s presummed that it’s calendar days, right?

    3. if the effectivity of the preventive suspension is aug. 7, then they should reinstate me 30 days after that but if they don’t want to they can extend the suspension with payroll reinstatement, right?

    Thank you sir!

    [Reply]

  103. Arnel Colintabo Comment:
    October 2nd, 2013 at 01:56 pm

    Hi,

    Hi
    I got a Memo which notifies me that I am suspended to work for 10 days, without pay this is my 2nd memo, I am the project implementation , my job is to install the system that my colleagues designs and estimates how many working days the project could be done. I got 1 assistant with me which is our maintenance guy, not really a technician. The 1st incident why they give me a Memo, is because the supposed 2 day working days of the project, was done for 3 days, this is because some unforced delay on the site was encountered , which I think it is not our fault. the 2nd Memo was issued because of almost the same reason, but this time client reported us to be slow and seating in times of work, which is not true and false statement for sure. There were changes in the original plan and materials upon actual implementation, again it is clear that it is not our fault. but our management still issue me a 10 day suspension without pay.
    Ive sent them my report but it seems its nothing to them.

    Thanks,

    [Reply]

  104. gracia doctor Comment:
    November 4th, 2013 at 09:38 pm

    Hi Atty. Ted, good evening. Sharing your expertise is so generous of you. I’m not into law but I’m seeing your comments as sound opinion.
    I just want to ask your expert thoughts on this. My brother is currently on preventive suspension. He received a notification letter with indication of 30 days as agreed period. The complaint is that he may have (1) neglected his duties and (2) lost the company trust.
    The conflict is regarding theft cases which some alleged incidences happened in his area of responsibility 2 years ago. As the section head that time, what he did was to do on time reporting of the discovered incidences to his superior. With his team, he led the designing of solutions for these not to recur. All with proper documentation. But the theft cases still continued to take place. Until to this date from the same section. The group involved in these seem to have ways to beat the designed solutions.
    He is now in charge of a different section after having been promoted twice.
    Is the preventive suspension valid? What actions would you recommend that he should take? Thanks.
    Wishing you continuous success in your future endeavor.

    [Reply]

  105. Good day sir. I would like to ask regarding on the process of preventive suspension. Because apparently i was put on preventive suspension without any die process. I was not able to receive the physical complaint (complaint letter) towards me and yet a memo issued upon me for my preventive suspension. It was stipulated that there would be “thorough investigation” yet theres still none and thirty-days has lapsed.
    Also, it was stated in the memo they i am put under preventive suspension for thirty days. After so, i went to the office to report because thirty days has lapsed. Only to find out our HR says that it was a “WORKING DAYS”. I would like to ask the clarity sir of the memo and the verbal memo. What ought to be done? Please. Thank you very much!

    [Reply]

  106. Hi,

    I have a friend who is currently undergoing investigation for fraud (he’s not under preventive suspension, though). what is the maximum number of days for the HR to make a decision? is it 30 days? if the TAT lapses, will it nullify the case?

    Thank you

    [Reply]

    Allan Reply:

    Hi
    I’m under preventive suspension for more than 30 days now, company has not given their decision yet and is fishing for evidence still to make my termination legal. I have more than a million peso to collect from them and they are doing this just to run away from their responsibility. They are charging me of fraud and conflict of interest. AT first I asked for the bill of particulars but they did not provided them, instead they sent out several pictures as evidences so I tried to answer them but inquired about the irregularities which they did during the 1st admin hearing and their unfair fishing of evidences they did not replied after that and the 30 day preventive suspension has ended. What is my best option on this situation please advise

    [Reply]

  107. i am currently on preventive suspension they served and effective immediately the issue is about part timers,i submitted dtr but base on security log sheet,i got a copy form original copy of guard,the allegation is dishonesty and staffa because according to them part timers that they paid is no attendance on the log sheet,but when i check it to my copy the said part timers are all in the log sheet,do i have a violation on this or can i file also a counter charge for my company?

    [Reply]

  108. Hi,

    My friend is under preventive suspension of 15 days. During this period, our management issued a memo that her salary and other benefits are forfeited. They had a hearing but no decision yet. Is it legal not to grant her bonus which the company had released during the period of her suspension? Also,will she not be entitled to other benefits which the company will be granting to other employees for the whole year even if she will be returning to her duty?

    Thank you very much.

    [Reply]

  109. Hi! i would like to ask if such suspension is legal.
    One of my co-employee was suspended by 15 days due to allegedly having inside job with money involve. Without any documents, HR suspended him for 15 days. After 15 days. He asked to come back and have his turn over for two days. After this, He was, again suspended without explaining to Him what was the result of the first suspension. Currently he is suspended for 15 days again without any proven documents that he did what he had been accused for. HR just told him that they will conduct audit this time. And so what’s the reason for the first suspension? Why is it they suspend him for the second time and they will do JUST NOW what they should’ve did at first? Is this legal? Is he entitled for any wage for this? Can you please give us advise.
    Thanks.

    [Reply]

  110. Joliver Paragas Comment:
    December 17th, 2013 at 09:12 pm

    good day sir, company suspend me in 30th of november. i wanna ask if they can hold my salary on that day. i really need legal advise. thanks and more power..

    [Reply]

  111. Hi! I was placed on a preventive suspension bec.of manipulating a customer satisfaction rating.. I admitted it. The cut off for our payout on Dec27th is from Dec 7th To 17th.. my suspension started on 19th..t.. do they legally have to place on hold my salary?

    [Reply]

  112. hi i just want to know. my company put me under an OTP status, it means I am Off the phone, it is totally different from PS (preventive suspension). because I am due for an admin hearing this tuesday but they barred me from entering the production floor where I can be with my TL and my colleagues. the company deleted my access literally and have a roving guard following me all the time when I am inside the premise. and also my supervisor told me that after the admin hearing i will not be paid anymore while waiting for the results. they have not declared that I am in a preventive suspension just Off the phone but they have remove my rights already to enter the premise. should i still be paid after the hearing since i am not on preventive suspension? pls pls i need an answer

    [Reply]

  113. HI sir,
    I want to file a case against the company im working for but I don’t habe the resources, how can nlrc help me?

    [Reply]

  114. Is it always necessary to write the alleged amount of claims to the NTE and Preventive Suspension notice? Thanks

    [Reply]

  115. Perla R. Jimenez Comment:
    February 15th, 2014 at 02:06 pm

    Hello and good day. What are the bases before an employer can say that you are placed under preventive suspension because you pose a threat to my life and security and of your co-workers? Thank you

    [Reply]

    admin Reply:

    under the Omnibus Rules Implementing the Labor Code, an employee may be place under preventive suspension if his/her continued employment poses a serious and imminent threat to the life or property of the employer or of his co-workers. Threat to life may include threat of physical harm or of inflicting injury.

    [Reply]

  116. Perla R. Jimenez Comment:
    February 15th, 2014 at 05:00 pm

    can the person who has been issued a preventive suspension contest this? she has been issued a preventive suspension for 30 days and the reason cited is to protect the interest of parties concerned,,

    the person has no record of violence or infliction of harm to anyone,,,can the person contest this? thanks

    [Reply]

    admin Reply:

    You first option should be to appeal to the management to lift the suspension. You can do this by putting your appeal in writing. If this fail, you may go to the NLRC and file a case for illegal preventive suspension. If you’re successful (i.e., the NLRC agrees with you that the suspension is illegal), the NLRC may require your employer to pay you backwages during the period of your suspension.

    [Reply]

  117. Perla R. Jimenez Comment:
    February 16th, 2014 at 11:55 am

    for clarification purposes…issuance of preventive suspension to any employee should not be based on the gravity of the charge or offense, right? the employee can be issued a preventive suspension if he/she poses a threat to life and property of the employer and co-workers…

    [Reply]

  118. Maylyn Darang Comment:
    February 24th, 2014 at 02:06 pm

    Hi,
    I was summoned in the Admin Office to explain my
    side regarding one of my absences which was classified AWOL under the Company Rules and Regulation due to lack of supporting document. This in fact was my 3rd offense and it’s DA is subject for suspension. I was absent January 15, 2014 and returned to work the next day. However, i was not able to bring the supporting document required for my absence. The company has waited until January 29 for me to submit the documents but to no avail. I was issued a Notice to explain and submitted my explanation without signing the notice. After a few weeks I was again called to the office to issue me the Disciplinary Action which is 4 days suspension. I did not sign the Disciplinary Action Notice. My question is, can I still be suspended even I refused to sign the DA Notice?

    Thank you.

    [Reply]

    admin Reply:

    Yes. Not accepting the DA Notice serves no real purpose. All the company needs to show is they served you with the notice but you refused to receive it.

    [Reply]

  119. hi! i am under a preventive suspension but legal papers was not served, i only knew it from my colleagues in other branches stating that i am barred from entering the office premises. Is the preventive suspension valid especially now that our company is under an intra corporate dispute. Three parties are claiming legal ownership in our company and the case is still under the regional trial court. Is any of the three parties involved has the authority to suspend/dismiss/terminate/promote any of their employees? Any Labor Code article that will support this confusion? Thank you & God bless

    [Reply]

  120. Hello,

    I was accused of unwelcomed physical contact by my student(sexual harassment) .
    they gave me a notice to explain. I wrote a letter of denial and defended myself. It’s just her words against my words. But then, my HR told me im gonna be suspended for a month as a sanction. I never admitted the accusation.She just talked to the student, then informed me without hearing my side as if i really did it. Can this be an illegal suspension?

    thank you.

    [Reply]

    admin Reply:

    Due process requirement is deemed complied with when the employee is given ample opportunity to defend himself. A hearing or face to face confrontation is not absolutely required. An opportunity given to employee to adduce evidence in his defense, whether verbally or in writing, is deemed sufficient.

    [Reply]

  121. jandy Comment:
    March 8th, 2014 at 12:33 pm

    hi! i am under a preventive suspension but legal papers was not served, i only knew it from my colleagues in other branches stating that i am barred from entering the office premises. Is the preventive suspension valid especially now that our company is under an intra corporate dispute. Three parties are claiming legal ownership in our company and the case is still under the regional trial court. Is any of the three parties involved has the authority to suspend/dismiss/terminate/promote any of their employees? Any Labor Code article that will support this confusion? Thank you & God bless
    [Reply]

    [Reply]

  122. Hi, i was put under preventive suspention for 30 days but prior to that i havent received any warnings or notice .is it valid?

    [Reply]

  123. I am under preventive suspension since march3 and it was extended until May 2. While under preventive suspension, can I still request for Certificate of Employment from my company for purpose of bank loan?

    [Reply]

  124. I am under suspension for 8 days without suspension memo. I want to complain but I don’t know where to file my complain? Pls. tell me what is the proper way to complain and where to file my complain? Can I get a refund for my 8 days suspensions? I need your legal advice.. Thank you..

    [Reply]

    admin Reply:

    The company may impose preventive suspension in certain cases, however, there must be a notice given to the employee specifying in detail the reason for the suspension and its duration. Preventive suspension without justifiable reason is illegal and could be tantamount to constructive dismissal in certain cases.
    Complaints of this nature is under the jurisdiction of the National Labor Relations Commission (NLRC).

    [Reply]

    jhun Reply:

    My manager wants me to voluntarily resign, because In his own opinion I committed an dismissible offence. When I strongly opposed to his opinion and instead I wrote a letter stating that I wont resign because I’m still physically and mentally fit to work in the company. Now, he threaten me that He will terminate me from the company. Is this case can be consider as Constructive dismissal? I need your advice.. Thank you

    [Reply]

  125. Good day po Atty,
    Ask ko lang po sana, kung ano pwede ko gawin, since na suspend po ako ng 3 days ng hindi sunod sunod, i mean magkakaibang araw. Now what happened is, nagabsent ako ng isang araw due to high fever, i didn’t had a chance to notify my immediate superior na hindi ako makakapasok sa tamang oras which is 2 hours before the shift so i was tagged NCNS(No Call No Show). But i sent a message late nga lang, though still they were notified that im sick. I received na IVR(INCIDENT VIOLATION REPORT), then they suspend me 3 days, na inform naman po ako na masususpend ako ng 3days, but then hindi po ba dapat, may verbal or written warning man lang before suspension?
    Is there any case i can file against them? If i presented a med cert. and they didn’t honor it given na late yung notification that i will be absent. Please enlighten me about my issue. I’ve been with my employer since January 2013.
    Thanks.

    [Reply]

  126. Hi! Ask ko lang po, is there any labor code about “temporary suspension”?

    [Reply]

    Regem Reply:

    Article 286 of the Labor Code allows the suspension of operation of a business for a period not exceeding 6 months.

    [Reply]

  127. Magandang Araw po Atty.

    Tanong ko lang po sana kung ano po ang pwedeng gawin if yung employer e masakit magsalita, madalas pinahihiya nya ang mga staff nya sa ibang tao, tulad nalang po na direct nyang sinabi na sa staff nya na “andami nyo na ngang lapses, kapal pa ng mukha nyong mag stay dito sa kompanya” at sinungaling, tulad nalang nung sinabi ng employer na suspended yung isang staff pero wala pang binibigay na memo about it at nung nagkaharap sa mas mataas na opisyal eto ay itinanggi nyang sinabi ng employer.

    Need your help and advice for this issue. Maraming salamat po.

    [Reply]

    Regem Reply:

    May dalawang hakbang na maaring gawin ang empleyado sa ganitong pagkakataon. Una, maari siyang mag resign na walang 30 days notice ayon sa Article 285(b)(1) ng Labor Code (“Serious insult by the employer or his representative on the honor and person of the employee”). Pangalawa, kung ang ganitong pag-uugali ng employer ay nagiging hadlang na sa pagtatrabaho ng empleyado, maari itong maituring na constructive dismissal. Samakatuwid, maari siyang magfile ng constructive dismissal sa NLRC.

    [Reply]

  128. Good morning!

    I am currently on preventive suspension. I was surprised earlier when my TL and a member of our HR told me that I will be on preventive suspension for 30 days due to Sales Fraud and Call Avoidance. Without me having the chance to explain, they asked me to logout within my shift and go home. For Sales Fraud, they said that the customer and I had no clear agreement since when I asked to process a sale, the customer only said “I Think So…”. For Call Avoidance, 4 calls where listened where in the customer says hello then the call just got dropped. What are my chances here? And did they follow the right process? How can i defend myself? Your response will be much highly appreciated.

    [Reply]

    Regem Reply:

    As part of due process, you ought to have been informed of your violations first by serving you a notice to explain informing you of your violations and giving you opportunity to explain yourself. The preventive suspension should come after or at least simultaneous with the notice to explain.

    [Reply]

    Marc Reply:

    Hello,

    Can the company be sued because of their failure to follow due process before the preventive suspension?

    [Reply]

    Regem Reply:

    Yes, and if the suspension is found to be illegal, the employer maybe required to pay the salary of the employee during the period of illegal suspension. (Normally, an employee is not entitled to payment of salary during the period of preventive suspension for a maximum of 30 days.)

  129. good afternoon
    I am under preventive suspension for 30 days for dishonesty which i admitted guilty and that day only, u stated that if i resign i admit that i am guilty. however in my case i already admitted the dishonest action, given the situation can i resign from my position cause even before the suspension i was already unhappy with my work, given that i will file a resignation letter what implication will i face or what would be the effect of that resignation towards me.

    [Reply]

  130. Hi Dane, you can still resign. However, it is up to the management to accept you resignation or not. Some employers continue to pursue the termination proceeding against the employee even after the employee resigns. Other employers, on the other hand, allow their employee to resign to give them a graceful exit. Acceptance of resignation is a management prerogative.

    [Reply]

  131. Good day! If there is already a pending illegal dismissal case waiting for resolution is it valid for the employer to issue a return to work order after the suspension lapse ?

    [Reply]

  132. Hi there.

    I submitted by resignation letter on June 1,2014 after just 15 days I received a letter from my employer stating that I am under preventive suspension for some allegations. What does this mean? does this prevent me from getting my clearances on time? what are the implications of this suspension?

    [Reply]

  133. Luke Fontanilla Comment:
    July 5th, 2014 at 09:49 pm

    Hi. i am now under preventive suspension. But what happened is its over 30 days and there is still no notice from my employer. I have evidence that i am not guilty with those allegations and that was made clear on the hearing (and still have the evidence with me). and still no feedback from them. Its over 30 days. Is it valid for me to file a case against them in NLRC or DOLE?

    [Reply]

    Luke Fontanilla Reply:

    if yes, what case can i file against them

    [Reply]

  134. I have a question my husband pirated from other company and assuring for direct hire and regularity
    1 week before my husband renewing his 3 months contract he caught guilty for leaving early on his working area and been under preventive suspension for 2 weeks with out pay but stated on there company code of conduct rule book 1st offense for his case
    is verbal warning (we have a copy of the rule book).

    after his suspension they renew his contract and informed my husband that he didn’t pass the evaluation because of his case and instructed not to do it again and another three months given to him to fight for his regularity.

    2 days before the expiration (MAY 23,2014) of his renewed contract and its pay day he ask the accounting department about his salary because there’s non in the bank he ask to go to HR department he was shock because its he’s last day of work and force to sign a document sad because he did not remember what he sign. He file a case at DOLE 3 days hearing is set but the company representative did not attend,DOLE advise my husband to file the case at NLRC the first hearing will be on July 23,2014.

    CASES that we will file:

    1.illegal dismissal
    2. failure to follow due process before the preventive suspension.
    3. non-payment of: (a.) SSS contributions etc.,
    (b.) Separation Pay/ Back Pay
    (c.) thirteenth (13th) month pay
    ,as well as claims for reinstatement and back wages and full benefits,compensatory damages, moral and exemplary damages.

    is there any chance to win the case vs. the employer we don’t want an early settlement instead paid off all up to the last centavo all the damages they have done.

    How much amount possible can we ask can you give as an idea?

    Thank you so much.

    Jessa Sanchez

    [Reply]

  135. This happened on my previous company. I was put on preventive suspension due to violating a certain call process. It was a 15-day preventive suspension. I was asked to write a Notice to Explain withing 48hrs which I did immediately and passed it to my supervisor After 15 days I never received a call or text message. After more than 30 days, I received a Return to work order via mail. I asked my supervisor regarding the RTWO I received, but i receive no reply regarding the RTWO, instead later that day he sent me a text message and asked me if I did not receive any invitation for admin hearing, which I did never receive. The next day the head of Human Resource sent me a text message stating an invitation for Admin hearing, which i immediately responded and went to the office on the day they invited me, the HR head told me she just received my NTE the night before the hearing which is over a month already. I felt no support from my supervisor during the hearing. After the hearing, I waited for more than a week again, they called me to the office and terminated me. I then processed my clearance and waited for 2 months for my back pay. After almost 3 months of waiting, I called to follow up for my back pay and the HR told me I will not be receiving any back pay. i just want to ask if all of these procedures and verdicts that i received are legal. Hoping for your immediate.Thank you. Have a good day.

    [Reply]

  136. jason santos Comment:
    July 28th, 2014 at 08:41 am

    Hi
    I was suspended for 5 days due to the failure of my assistant to perform his job, since there was a command responsibility i was the one who given the sanction. Can i use my vacation leave for that 5 dayssuspension?

    [Reply]

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