Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

15 days Preventive Suspension (Re-sending Query)

View previous topic View next topic Go down  Message [Page 1 of 1]

Gemini123


Arresto Menor
Hi Sir/Madam,

I have read that site and the one unclear to me is that -- am i required to go back to office/work, even without hearing from them to do so? or am i also required to report by the time my suspension has ended? which is on May 03.

Until now, i haven't received any feedback from them nor received any decision from their part (employer) with regards to my employment status whether i could go back to work or not. From the time of my suspension my assigned work/task were already pass it on to my co-employee, and i don't know whether they would still assigned any work for me.

I really don't know what do.Please help---

Thanks!
Gemini123

View user profile

vane


Prision Mayor
employer is the one required to give you a notice or updates/ decisions regarding your case:

**Section 9. Period of suspension. No preventive suspension shall last longer than thirty (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 worker.

View user profile

vane


Prision Mayor
http://www.laborlaw.usc-law.org/2009/08/02/preventive-suspension-during-termination-proceeding/

View user profile

Gemini123


Arresto Menor
Dear Atty.,

Thanks so much for the advice, indeed! this site was really a big help to us who couldn't afford to pay every legal advice rendered by a lawyer.

Again..Thank you.

I still remain.

Gemini123

View user profile

attyLLL


moderator
best thing to do is ask, but i believe you will be within your rights to go back.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

Gemini123


Arresto Menor
Dear Atty.,
Yong tanong ko po na kung ang "preventive suspension" po ay based on calendar or working days po. Eto na po ang nangyari sa akin, na suspend po ako Apr 12,2013, na ang pagka-ka alam at intindi ko po ay 15 working days (May 03,2013) ang end, meaning (Mon-Fri.) lang ang counting, at ayun! nag report ako ng May 03, sinabihan po ako ng admin personel na AWOL na daw po ako dahil tapos na daw po yong 15 days na suspension ko (Apr 12-Apr 27-sat.) sabe po ng HR, meaning ang counting daw po per labor ay "calendar days" (Mon.-Sun),expected daw po ako ng HR last Apr 29-monday,kayat pagkasabi po ng HR sa akin na AWOL na daw po ako, ay umuwi na po ako.Tama po ba yong ginawa ko po. Atty. hinde po ako inabisuhan ng HR nung Apr 29 na kelangan po ako magreport,(verbal/call/notify)wala po silang abiso po sa akin, parang hinayaan po nila ako sa ere.Ang tanong ko po? MAY LABAN PO BA AKO ATTY? CONSIDERED NA PO BA YON NA TERMINATED NA EMPLOYMENT KO?

Nung una po "negligence of duty" ang offense nila sa akin, nasagot ko na po lahat2x yong mga paratang nila sa akin sa ginawang administrative hearing ng HR, pero "ni ha, ni ho" wala po akong narining sa mgmt.kung anu po ang naging resulta at resolusyong sa hearing namen. Bastat wala po akong natanggap na tawag or abiso ng mgmt.regarding sa "decision" or outcome ng paratang nilang yon sa akin po. Hanggang sa dumating nga po etong end of suspension ko po--na yan na nga po ang sinabe po nila na AWOL na daw po ako...PLS.HELP ATTY.AT NALILITO NA PO TALAGA AKO--KUNG MAY LABAN PO BA AKO TALAGA OR PRE-MATURE PA ANG CASE KO...


Salamat.

Gemini123

View user profile

attyLLL


moderator
it's calendar days. try to go back one more time, and if they won't allow you, then consider yourself terminated and file a case at nlrc.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum