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indefinite suspension

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1 indefinite suspension on Wed Mar 28, 2012 1:17 pm

Disnogod


Arresto Menor
Hi , I'm working at a call center and recently I was accused of violating company's policy. I had submitted a notice to explain but without further investigation and hearing, i was suspended and was told that it's indefinite. So to mark my suspension days as "paid" , they will be using my vacation leave credits. It's the 2nd week of my suspension and until now i don't have any further notice from the company. I think i only got 3 days vacation leave credit so that means the remaining days would be unpaid. Also, no signed documents were provided regarding my suspension, it was verbal. I would like to know if this is the correct process, if not, what are the legal actions must be done. Thanks.

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2 Re: indefinite suspension on Wed Mar 28, 2012 6:15 pm

killua111445


Arresto Menor
Hello. Based from what I know, the maximum number of days that an employer can suspend its employees,pending investigation, is thirty days. For days beyond that,they will pay you or ask you to go back to work. Hope this helps.
Good luck!

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3 Re: indefinite suspension on Thu Mar 29, 2012 1:48 am

Disnogod


Arresto Menor
@killua111445 thank you sir for reminding me that.

I was just reading this article over the internet just now . . laborlaw.usc-law.org/2009/08/02/preventive-suspension-during-termination-proceeding/ . . and from what I read it says:

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 Woodridge School vs. Pe Benito, G.R. No. 160240, October 29, 2008.)

I don't think I am guilty of the charges pressed against me so I think its not a valid suspension.

I also read here that:

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. ( Gatbonton vs. NLRC, G.R. NO. 146779, January 23, 2006.)

I haven't done any thing to threat or damage any property so I think that the suspension is invalid.
But then again this might be just on how I interpreted it.
Still I seek legal advise. Thanks anyways. Smile

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4 Re: indefinite suspension on Fri Mar 30, 2012 7:35 pm

attyLLL


moderator
did you submit a written explanation? what are you accused of?


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5 Re: indefinite suspension on Thu Jun 07, 2012 12:24 pm

Bigdaddy30


Arresto Menor
Last June 4,2012 my hrd manager called my attention she told me that I will be on a indefinite suspension effective June 5, this is brought by allegation of my ex-co employee whom I reported to them for dtr padding,use of prohibited drugs whom they put in to preventive suspension and later resigned .the resigned employee after getting away with his charges get back on me and hurled false allegation on me.I didn't acknowledge the charge sheet because I want to consult it first.they even try it delivered to my house via messenger.I already answer the allegation they send to me via email.is indefinite suspension is legal?does it have required period?pls advice

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6 Re: indefinite suspension on Thu Jun 07, 2012 12:27 pm

Bigdaddy30


Arresto Menor
In relation in my inquiry what legal actions can I file to my accusers.which I strongly believe that their accusations are false and baseless and manufactured
Thanks

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7 Re: indefinite suspension on Fri Jun 08, 2012 5:20 pm

attyLLL


moderator
it can only be a max of 30 days. beyond, you can argue constructive dismissal


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8 Re: indefinite suspension Today at 2:11 am

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