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Period of Preventive suspension. Unclear

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1 Period of Preventive suspension. Unclear on Thu Feb 28, 2013 8:17 pm

Tin001


Arresto Menor
It is not clear on me the law about the period of preventive suspension.
Is it 30 regular days or 30 working days? In the law, it is not specified regarding of it.

By the way, I'm on process of preventive suspension now. And the company told me that it is 30 business days. Is it legal? And if not, what action can I do for this? Thanks guys.

SECTION 3. Preventive suspension. — The employer may place the worker
concerned under preventive suspension if his continued employment poses a
serious and imminent threat to the life or property of the employer or of his coworkers.

SECTION 4. Period of suspension. — No preventive suspension shall last
longer than 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 work.

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2 Re: Period of Preventive suspension. Unclear on Thu Feb 28, 2013 8:32 pm

Patok


Reclusion Perpetua
it should be 30 working days.

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3 Re: Period of Preventive suspension. Unclear on Fri Mar 01, 2013 8:59 am

Tin001


Arresto Menor
So preventive suspension usually last for at least 1 and a half month? or more than 30 days?

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4 Re: Period of Preventive suspension. Unclear on Sat Mar 02, 2013 12:01 pm

attyLLL


moderator
imo, it should be 30 calendar days


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5 Re: Period of Preventive suspension. Unclear on Tue Mar 12, 2013 12:35 pm

Biktima74


Arresto Menor
Hi Atty LLL,
I have thesame case as of the moment. can i file a resigation letter than waiting for the hearing to end?

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6 Re: Period of Preventive suspension. Unclear on Tue Mar 12, 2013 4:49 pm

attyLLL


moderator
you can, but they are not obligated to accept it, but they might


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7 Re: Period of Preventive suspension. Unclear on Thu Mar 21, 2013 12:25 am

Biktima74


Arresto Menor
atty,
can they terminate me without much evidence po?
i am running to a month without any news of my status and i am scared din po to ask them. do we have cases of preventive suspension and pinabalik nila? any idea po? in case na sumobra, can i ask for something due to the extensions po ng suspension?

salamat sa pag rereply po ninyo sa aming katanungan mga atty's. mabuhay po kayo.

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8 Re: Period of Preventive suspension. Unclear on Thu Mar 21, 2013 5:41 pm

attyLLL


moderator
if you have been preventively suspended for more than 30 days, you are considered illegally dismissed.


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9 Re: Period of Preventive suspension. Unclear on Sun Mar 31, 2013 11:35 pm

Biktima74


Arresto Menor
our restaurant is full of cctv monitors except for the VIP Lounge whereas my Subordinate was accidentally caught by an audit chewing food. apparently i was around and speaking with him, he has been terminated already couple of weeks ago. i was explaining to them through my written sworn statement that i was telling him that it was a risk what hes doing and illegal when audit comes. can they terminate me still without enough hard evidence?
what are my rights po? when they ask me to resign, should i write a resignation letter? i am only new at the company(less than 6 months po)

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