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Preventive Suspensions

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1 Preventive Suspensions on Fri Mar 22, 2013 12:15 am


Arresto Menor
Gud day to everyone.

Gusto ko lang po huminingi ng legal advise as I was put on preventive suspension due to(according to company policy) that I commited a "Gross and Habitual Neglect of Duties". I was accused of not adhering the break schedules and/or correct codes for breaks.

Ang nakalagay po na possible end outcome is Suspension and may lead to Terminations.

I really dont know how to handle this as this is the first time for my entire career.

What should I do?

They schedule a hearing but I dont know what I will say or who will defend for me.

Do I need to seek the help from a lawyer?
How can I be sure that the decision they will made is fair and correct?

Please help.

Thank you.

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2 Re: Preventive Suspensions on Fri Mar 22, 2013 12:13 pm


i don't think a laywer is needed but at least consult one if possible, but make sure you are able to file a written explanation.

imo, if that is your supposed infraction, you do not pose a clear threat to the company and suspension is not warranted.

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3 Re: Preventive Suspensions on Sat Mar 23, 2013 10:34 pm


Arresto Menor
Thanks. I will consult a lawyer on Monday.

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4 Re: Preventive Suspensions on Wed May 22, 2013 9:28 am


Arresto Menor
Hi good day to all.

Sad to say my company terminated my employement. I already filed a complaint to NLRC and we will have an initial hearing this coming May 23, 2013.

May I ask your help on what should I expect on this hearing? Your inputs is very much appriciated. I'm just knew on this situation and never had this experience.
Do I need a lawyer? I dont have enough resources to finance a private lawyer. Can PAO (Public Attorneys Office) can help on my situation?

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5 Re: Preventive Suspensions on Wed May 22, 2013 11:02 am


Reclusion Perpetua
how many times did you commit the offense? they have to prove that it's gross and habitual.. otherwise may talo sila dyan.. di pa kailangan nang lawyer sa initial hearing.. pag di nagkasundo don tsaka papasok ang lawyer and you can go to PAO..

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6 Re: Preventive Suspensions on Wed May 22, 2013 12:38 pm


Arresto Menor
klaruhin mo sa kanila na bakit binigyan ka ng preventive suspension. as per attyLLL ang preventive suspension ibinababa if you pose threat to the company, business operations or health and safety of the employees. pero yung offense charged sayo na adherence break schedule ay hindi akma para ikaw ay babaan ng preventive suspension. As per patok ilang beses mo ba nacommit yung offense na yun that leads to termination of your employment. i beleive hindi yan first offense para iterminate ka. kung yan ay accumlated offense then dapat may mga natanggap kang offense before as warning or suspension for commiting that offense, pero kung wala icontest mo bakit ka tinerminate maglabas sila evidence na it was habitual on your part. kapag wala sila naprovide na evidence then mali ang offense description na binigay sayo.

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7 Re: Preventive Suspensions on Wed May 22, 2013 10:15 pm


Arresto Menor
Hi again. Thanks for your positive feedback.

In my case, I only committed it once. But what they did is dig deep on my on my find faults on me. They add it to my case and I tried to explain my side in the best way that I could pero dahil sa takot at kawalang alam ay hindi ko naipatanggol ang sarili ko.

I did not expect at the end na ganito ang mangyayari na matatanggal ako sa trabaho. Para akong napagbagsakan ng langit at lupa.

I now realize and Im now ready to face them at them at proper venue.

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8 Re: Preventive Suspensions on Thu May 23, 2013 8:09 am


Arresto Menor
kung once mo lang nacommit ang offense why they charge you of Gross and Habitual Neglect of duties? kapg chinarge ka ng ganyang offense it means paulit ulit mong gingawa habitual nga eh. kung once mo lang nacommit yan i think its not the appropriate offense description. kung paulit ulit mo namang gingawa yun dapat noong una palang they have verbal reprimand, then written warning, then suspension tyaka termination dyan pede ka icharge ng termination kasi binalewala mo yung mga warnings and offenses na ibinaba sayo. Advice ko sayo to file a case at NLRC and challenege your employer for the offense being charged to you and lead to your termination and also the due process. Kung ikaw man ay talagang nakacommit ng offense na yan ok lang nandyan na yan malalaman yan sa NLRC pero sa NLRC hindi lang nakfocus doon kung sino nagkasala at ano ang penalty sa employee tinitingnan din kung ang employer ay sumunod sa due process at kung tama ang ginawa nila at kung my sapat silang ebidensya para iterminate ang employee kung hindi nila nasunod ito in your case, malaki ang laban mo.

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