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PREVENTIVE SUSPENSION FOR 30 DAYS laps already

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rudyflor


Arresto Menor
good night atty. i'm mr.flormata once again i have a questioned about my preventive suspension is laps already then my employer told me not to duty and advise me to wait the letter from their lawyer.you know atty. when i received
a letter of preventive suspension i reply their allegation
with in 72 hours but until now i did not received any reply from their lawyer. atty.is this right that i will wait the letter from their lawyer or i will report this to NLRC please advise me atty. about this matter.

thanks and God bless

RP FLORMATA

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tatan1712


Arresto Mayor
rudyflor wrote:good night atty. i'm mr.flormata once again i have a questioned about my preventive suspension is laps already then my employer told me not to duty and advise me to wait the letter from their lawyer.you know atty. when i received
a letter of preventive suspension i reply their allegation
with in 72 hours but until now i did not received any reply from their lawyer. atty.is this right that i will wait the letter from their lawyer or i will report this to NLRC please advise me atty. about this matter.

thanks and God bless

RP FLORMATA



Acording to the Supreme Court:

"The pertinent rules dealing with preventive suspension are found in 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.



When preventive suspension exceeds the maximum period allowed without reinstating the employee either by actual or payroll reinstatementor when preventive suspension is for indefinite period, only then will constructive dismissal set in."

I think it is best if you file a formal complaint before the NLRC. The complaint will just be in a check-list format. Also, bring all the documents you have to support your complaint.

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attyLLL


moderator
you can file a complaint that you have been already illegally constructively dismissed because the suspension exceeded 30 days


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rhein


Arresto Menor
Good morning Atty., once again I'm seeking for your outmost assistance regarding my concern.My immediate superior issued a preventive suspension last April 25,2013 with indefinite days after one month and 12 days of admin hearing conducted last March 13,2013. With all my knowledge preventive suspension wiill last for 30 days. On the 30th day of my suspension I've reported to the Head Office and went to HR Department to asked my status. No one from HR department talked to me personally during that time. Ive texted the 2 person I know from HR and one of them informed me to coordinate with my boss about my status. But during my suspension my Boss informed me that he will be sending a new NTE (notice to explain) for another allegation to me but I haven't received yet the letter. Last Friday may24) when I was in head office, Ive texted him and asked him if he's in the office and I informed him he's not there. He informed me that we will meet on Monday(may27). May 26 morning, I received a text message coming from him and he informed me to resched our meeting due to he has an emergency meeting needed to attend. I replied noted and informed him to please advise me the reschedule of the meeting. Sunday afternoon(may 26), I was out in the house during that ime and when I got home my brother informed me that my messenger in the office went to my home and looking for me and have a letter address to me and need to receive. my bother havent received the letter and advised the messenger that I''m not around to find out that the letter is coming from my boss when I texted my messenger and asked her to whom is the letter for and whom who gave to her, she replied she met my boss in makati and my boss gave the letter to her. I sent a letter to my boss and copy furnished with his immediate superior and HR-Labor Relations thru LBC yesterday asking for the development and result of my case and informed them that my 30 days suspension lapsed already. I'm waiting for their reply and I'm asking for assistance on what next step to do regarding my concern. Second my 6 year old daughter emotionally affected on what happened to me. Please advise me on what to do. thanks

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