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Exceeding the 30 day Preventive Suspension...

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1 Exceeding the 30 day Preventive Suspension... on Wed Feb 13, 2013 11:46 pm


Arresto Menor
Hello Atty,

My 30 days of Prevenitve Suspension has just expired on Feb. 9th, and my company still has not made a decision of either, actual reinstatement or Payroll reinstatement. I contacted my Human Resources today, and they told me, they still need time to make a decision. I explained to them the Philippine Labor Law on exceeding the 30 day Preventive Suspension and they stated we know the Law but the Higher ups, have not made their decision yet. I told them that without their decision, I cannot get reinstated to work and get paid or I cannot get paid for an extension or make the decision to file with the NLRC if it becomes Constructive Dismissal (Which it is looking like). I also stated that if their decision is prolonged that this incident will turn into a Constructive Dismissal Case. HR Replied "Just give us more time, that is all I can say"... How long?

Should I start looking for a Lawyer now?

Should I take their word for it?

What do you think I should do ATTy?

Should I open a case now, with NLRC?

Thank you Atty?

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if forced to a decision, i recommend filing a complaint at nlrc to preserve your rights.

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