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

PREVENTIVE SUSPENSION FOR 30 DAYS

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

1 PREVENTIVE SUSPENSION FOR 30 DAYS on Thu May 02, 2013 10:44 am

rudyflor


Arresto Menor
Good day sir i would like to ask more information about my 30 days preventive suspension in my company its about to end this may 03 2013. can i still back to work sir. and my second questioned is my son and may daughter in law work in this company as an on call during Saturday and Sunday for the past two years now but the owners knows about this sir but now the i was shock because the owner deduct all the salaries of my son and my daughter in law in my salary is this right sir and back to my preventive suspension sir i was audit by our auditor with out my concern all important document in my office was brought by our auditor to their house for almost two months is this legal.
And this is the notice i received from my employer stated that Please be informed that initial findings conducted by an independent auditor revealed that substantial amount of company's remained funds unaceracted as of this date. In view thereof you are hereby requested to explain in writing with in 72 hours from your employment should not be terminated. but i reply already with in 72 hours until now i did not received any reply from my employer sir.

thanks and god bless

rudy flormata
resort manager







View user profile

2 Re: PREVENTIVE SUSPENSION FOR 30 DAYS on Thu May 02, 2013 5:51 pm

attyLLL


moderator
the best advice we can give is that you answer their points one by one. if they did not specify, then ask them to do so in writing. if you need the records in order to answer, then request it in writing.

also, they should give you 5 days not just 72 hours.


_________________
[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

3 Re: PREVENTIVE SUSPENSION FOR 30 DAYS on Wed May 22, 2013 3:04 am

rhein


Arresto Menor
Hi Atty, good morning, I would like to consult my ongoing case, last feb 1, 2013 my Immediate superior served and issued a NTE(Notice to explain ) about integrity issue and the following are my grounds: conflict of interest, fraud, abuse of authority and unauthorized used of ID of an Employee, I replied to the NTE for all allegation on the required date. March 13, 2013, admin hearing was conducted outside company vicinity and the venue was at the public area ( Coffee Bean Gateway) attended by one personnel coming from HR Labor Relaions, my IS and myself and it tooks for almost 2 and half an hour asking all the issues and I answered all the issues and they informed me that he will give me an update as soonest. I did not follow up the result of my case even If I wanted to follow up for the reason for more than a month there's no update given to me on whats status of my case. April 24, I received an SMS coming from my Immediate Superior and informing me to report at their office on April 25, 2013. April 25, 2013, my Immediate Superior served a Letter of Preventive Suspension with indefinite date effective immediately, I asked him until when is my Preventive Suspension and he replied indefinite date. Just to respect their decision I signed and received the copy of the letter because I believe there's a due process on the investigation. During my Preventive Suspension, May 9, 2013, 6:50 pm, I received an SMS from him stating " if can we meet tomorrow at Trinoma at 11am" during that time I was out in Manila and in the Province and I informed him where I am and the date going back to Manila and he replied " okay thanks", May 10, 2013, 10:40 AM, I received again an SMS coming fom him stating " I will send a Notice to Explain at your residence , and I will expect a reply by Wednesday (may 15), thanks and I replied and I asked "sorry sir but I need to know is that the same of NTE I've received? When and thru whom po pinadala ang letter and I informed him na Baka wala po magreceive ng letter kasi Walang Tao sa bahay." he replied thru LBC Nya pinadala. I replied to him okay I'll inform you once I receive the letter. When I return back to Manila, I haven't received the letter. May 17, again, I received an SMS stating " he is following up on my reply to the NTE and I replied, " I haven't received yet the NTE". May 20, I received again the SMS following up my reply to NTE and asking what is my latest address and he asked if I did not get the NTE he's asking me to meet him on he same date by 4:30 pm at his office to issue the NTE. I replied, I haven't received yet the NTE and my address is updated in HR and informed him that I can't come for the reason I have schedule check up with my doctor and I asked him to resched and please inform me ahead of time and not a short notice to meet him. My question is, is it possible to send me a new NTE while preventive suspension is on going and is it valid to sent it thru residence or it should be serve personally. Today is my 28th day of my suspension and as far as I know preventive suspension maximum date is 30 days, but up to this date no update on my case. What if the 30 days lapse already and no one from the company advise me to return or work, and on the 31st day I've decided to report for work without their advice is it valid or not or what if when I reported for work and somebody fom the office refuse me to enter to the office is it valid or not. What case should I file with my boss and with the company. please advise and to enlighten me up with the legality. thank you and do bless

View user profile

4 Re: PREVENTIVE SUSPENSION FOR 30 DAYS on Wed May 22, 2013 11:52 am

vane


Prision Mayor
[quote="attyLLL"]the best advice we can give is that you answer their points one by one. if they did not specify, then ask them to do so in writing. if you need the records in order to answer, then request it in writing.

also, they should give you 5 days not just 72 hours.[/quote]

Atty, about giving a "reasonable period" for an employee to respond as stated in labor code , how can you determine that giving such period of time to an employee to be able to respond is "reasonable"?

Thank you.

View user profile

5 Re: PREVENTIVE SUSPENSION FOR 30 DAYS on Thu May 23, 2013 3:51 pm

attyLLL


moderator
rhein, i suggest you switch to email and not just text messages.

vane, look for the case of 'king of kings transport'


_________________
[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

6 Re: PREVENTIVE SUSPENSION FOR 30 DAYS on Fri May 24, 2013 8:53 am

rhein


Arresto Menor
hi Atty., noted on this , may I ask if within the 30 days of suspension and I haven't receive any update for my return of work, it is possible for me to report at work on the 31st day even without their notice for me to go back at work. Is there any grounds that they would file against me if I insisted to return from work without their notice.Please advise. Thank You

View user profile

7 Re: PREVENTIVE SUSPENSION FOR 30 DAYS on Fri May 24, 2013 10:08 pm

attyLLL


moderator
after 30 days you can return to work or go straight to nlrc to file a complaint for constructive dismissal


_________________
[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

8 Re: PREVENTIVE SUSPENSION FOR 30 DAYS on Mon May 27, 2013 9:08 pm

rhein


Arresto Menor
hi atty. on my 30th day I've went to the head office of my company to report and ask my status. I've texted HR People and asked to whom should I coordinate my concern and she replied to Labor Relations. I've called another people from HR and asked as well my status and I wanted to talked to him to raise my issues and concerned but he said he'll coordinated first with Labor Relations and he'll get back to me. I've waited for 10 minutes in the lobby and I received a text message informing that I should coordinate with my boss for my status. No one from HR people talked personally about my concern and I felt hopeless. I've texted my boss and asked him if he's there in the head office and informed him that I was in the head office/HR and he said he's not there and he set a schedule on Monday(may 27) for our meeting. yesterday I received a text message coming from him. and he informed that Heneed to resched our meeting since He was called for an emergency meeting.I replied noted and I asked him to advise me the date of the meeting but he didn't reply. Please advise me on what to do. Thanks

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