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One more question Atty...Preventive Suspension

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1 One more question Atty...Preventive Suspension on Thu Jan 24, 2013 12:48 pm

Johnny5


Arresto Menor
I was given my notice of Preventive Suspension, and it states that I will be on Preventive Suspension for 15 days and It may be extended. Before I signed the notice, I asked HR. Would I be compensated for the 15 days of the Preventive Suspension? HR replied, "Yes you will be".

My manager called me today and told me to report to HR. My manager stated that my preventive suspension might be extended, because of the investigation.

Since, It has not been the maximum period of 30 days...

Does the 15 days extension qualify me for the company to pay for the workers wages and benifits during the entire period of extension?? Or must it be 30 days for the company to consider to pay my wages if it is extended "after the 30 days"...

to be honest..I need money haha, and my bills can't wait a month...my company is extending the suspension because I did'nt do anything and they can't prove it. Not Guilty Razz innocent until proven otherwise

Thank you so much ATTY...

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

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Johnny5


Arresto Menor
sorry atty, I forgot one the most important bit... Yes, I served my 15 days of preventive suspension already...

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attyLLL


moderator
imo, if there is basis to consider you a serious and imminent threat then the suspension can be extended to not more than 30 days. if it is proven that you were not liable then you should be paid for the period of suspension






Post no. 17,000


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Johnny5


Arresto Menor
Thank you atty!!! Just to update you, my company just gave me my hearing, and they extended my preventive suspension. which I already knew, because they don't have evidence on me. I ask hr if they where going to pay me and for the extension and they said "I cant tell you that". Now they are trying to scare me by saying we know you did it, and we want you to take a Lie Detector test...haha...Sige lets do it!!!

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Patok


Reclusion Perpetua
standard ba yan? pag nilagay sa preventive suspension with pay? alam ko kasi w/o pay..

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Johnny5


Arresto Menor
opps..also, they said 30 business day of preventive suspension, the weekends dont count...is that right? Shouldn't be a total of 30days including the weekends?

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attyLLL


moderator
it's 30 calendar days, beyond that it is considered illegal constructive dismissal


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Johnny5


Arresto Menor
Thank you, Thank you ATTY!!! You are the mann!!! Thank you for looking out for the lower class!! bless you

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