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Deadline for Submission of Position Paper at NLRC

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Arresto Menor

After 3 hearings, NLRC Arbiter gave my daughter and the company up to April 30, 2013 to submit their position papers. My daughter complied but the company was asking for extension citing load of work for failure to submit theirs on the given date.

1. Would this motion be allowed under the rules of NLRC? Should NLRC grants their request, do we have the right to question it?

2. My daughter is a filed medical representative and there were obvious moves by the company to pressure her to resign as instigated by her immediate superior. She was slapped a preventive suspension that did not observe 'due process'. After the lifting of the suspension (there was no findings)she was instructed on a memo to 'report for work immediately'. However, she was verbally to told that her new area would be somewhere in the Visayas (she is from North Luzon). The company's is bent on easing her out, and threatened to use that form every representative signed as prior to employment "can be assigned anywhere". We want to know if in the presence of an obvious moves of persecutions if such document
is binding.

Thank you and more power to you.

EJ Flores
Las Pinas

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Preventive Suspension Meaning

Preventive suspension may be defined as the temporary removal of an employee charged for violation of company rules from his present status or position. Preventive suspension is usually imposed against subject employee while the company is conducting an investigation for his alleged violation in order to prevent him from causing further harm or damage to the company or his co-employees.

Preventive suspension is not a disciplinary measure, and should not be confused with suspension imposed as a penalty.

Legal Basis

The right of employer to impose preventive suspension is not found in the Labor Code itself.

The oft-cited legal basis for imposition of preventive suspension is Section 8 and Section 9 of Rule XXIII, Book V, of the Omnibus Rules Implementing the Labor Code, as amended by Department Order No. 9, Series of 1997, which read as follows:

Section 8. Preventive suspension. The employer may place the worker concerned under preventive suspension only if his continued employment poses a serious and imminent threat to the life or property of the employer or of his co-workers.
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.

Interestingly, the above-quoted provisions are no longer reproduced in the present Omnibus Rules, as amended by Department Order No. 40, Series of 2003, which supersedes Department Order 9-97.

Yan po opinion ko mam. In response sa ibang concerns ninyo :

1. Yes prerogative ng employer saan nila ilalagy ang ahente. If if they see fit ang ahente sa area. Minsan, mga GAGONG manager, kunwari irere assign ka ng area, pero gusto ka mag resign. Isa sa pinaka madaling "estilo" ng bisor yan sa pharma. I think UNFAIR ka sa tao mo. Ang bisor malaki ang contribution sa success ng Distrito.

2. If nakiusap ang employer sana mag extend ng submission paper, tagilid ang employer, WALANG maibuild na ikakaso sa anak mo. Wala silang makitang specifi grounds. Pupusta ako, di nagawa ng Field Visit Reports ang bisor dyan, kasi if maaayos niya ginagawa yan, di aabot sa ganyan yan, at nagbibigay ng kopya sa"medrep".Hanapin ninyo ito.

3. The company is bent on easin her out". Mahirap i prove yan, for sure, my connivance n yan sa HRD. Damage control na sila, nag file angh anak mo sa NLRC., kaya aayusin nila , TELL your daughter wag susuko.

4. For sure me lawyer na kayo. Nakaka tatlong meeting na pala kayo. Mas madali para sa parehong parties na mag usap, if me i offer sila na amount, let's say one month for every year's of service + 13th month, ok na yan. Yan ang iniiwasan ng employers na nagtitipid, akala nila pinaka madaling move, p resignin ang ahente , makakatipid sila ? Mali.. Maliki ang cost na mag train ng bagong ahente, at ang ripple effect niyan sa benta ng kumpanya.

5. Sa NLRC di ba if mapapansin ninyo, sinusulat ng assistant arbiter ang minutes ng pinag usapn ninyo ? At pinipirmahan ninyo pareho ? Eto ipasama mo,if puwede decisionan na ang kaso ng anak mo..Kasi pinatatagal lang ng employer.

Sana makatulong....

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imo, the arbiter likely will grant the motion for time.

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