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Preventive Suspension without Pay

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1 Preventive Suspension without Pay on Tue Oct 22, 2013 9:55 pm

squareout


Arresto Menor
Good day Atty's.

I were under preventive suspension last Sep 13, 2013 until Oct 12, 2013 for the violation of Acts against Fraud. I were falsely accused by my officemate who were really involved on that fraud.

After the investigation, they found out I were not involve and I were able to return to work last Oct 14, but they transferred me to another department, they said they cannot put me again to my old department since they still had a doubt that I were involved in the fraud. They also want to demote my position, but I told them that I cannot accept it since they don't prove that I am guilty. Some big boss decided to discuss this matter during their lunch and after that they told me I can keep my position but still they will continue to transfer me to other department.

My question is:
1. Does my company needs to pay me during my preventive supension? They told me they will not pay but before I signed the preventive suspension letter, they explained I will be paid once they found me not guilty of the charge.

2. I asked the HR if can have a copy of the written statement of my officemate who were falsely accused me since my family decided that we will file a civil case for those who accused me, they told it was confidential and they will not give me any copy. Do I have the rights to have a copy of that statement?

3. Can this affect the computation of my 13th month pay?

Thanks.

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2 Re: Preventive Suspension without Pay on Wed Oct 23, 2013 8:29 am

Patok


Reclusion Perpetua
if it's not paid, then yes it will affect computation for your 13th month pay.

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3 Re: Preventive Suspension without Pay on Wed Oct 23, 2013 9:40 pm

squareout


Arresto Menor
so it is legal they will not pay my salary during my preventive suspension?

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4 Re: Preventive Suspension without Pay on Thu Oct 24, 2013 11:16 am

Patok


Reclusion Perpetua
yes, unless otherwise stated.. or you can use your leave credits if you have any.

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5 Re: Preventive Suspension without Pay on Thu Oct 24, 2013 10:15 pm

squareout


Arresto Menor
ok thanks, how about the question number 2?

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6 Re: Preventive Suspension without Pay on Fri Oct 25, 2013 10:46 am

Patok


Reclusion Perpetua
you can not force them as those are confidential.

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7 Re: Preventive Suspension without Pay on Fri Oct 25, 2013 1:04 pm

HR Adviser


Reclusion Perpetua
1. Preventive suspension are not paid but since the company promised you, you can run after it but it would be difficult since it is only verbal

2. Only with a written order from the judge can compel the company to present those documents to you since it is a confidential document

3. Yes

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8 Re: Preventive Suspension without Pay on Fri Oct 25, 2013 9:02 pm

squareout


Arresto Menor
thanks for your reply.

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9 Re: Preventive Suspension without Pay on Sun Oct 27, 2013 4:23 pm

attyLLL


moderator
you do not have to be paid during the period of preventive suspension. however, if the charges are not proven, you should be paid the salary for that period.

they can transfer you, but not demote you.


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10 Re: Preventive Suspension without Pay on Fri Nov 01, 2013 4:47 pm

rd123456789


Arresto Menor
HI Atty,

I have the same concern, they put on preventive suspension because of FRAUD which i didnt commit. the PS was effective dated October 4 2013, and up to now they still havent given me the result, the HR representative whose handline the case sent me an sms that they will serve me the notice of decision by monday, which is nov 4, 2013. its the 31st day already, I signed a paper stating that they will only put me on a 30 days suspension.

also my boss informed me that the result is termination, there where a lot of loop holes in their allegations towards me. they said that i commit dishonesty and under pur CODE of Conduct its a ground for dismissal. Its actually a payroll concern, in which i dont have an access. if they will terminate me, where can i file a case againts them?

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11 Re: Preventive Suspension without Pay on Fri Nov 01, 2013 5:07 pm

rd123456789


Arresto Menor
its actually a bonus that was put in my payroll account, they said that it was not supposed to be mine, it happened january this year, no one from HR approach me to inform me that the bonus that i received was a mistake,

i assumed that the bonus was mine because i also refer some applicants to apply to our company that time. they only served me a notice to explain last month, oct 4 and at the same time serve my suspension notice which i actually tried to dispute, because based on our policy they will only put an emplpyee to preventive suspension if the employee is an immediate threat to the company. My alleged violation was way back january this year, and by the way i was with the company for 5 years, and i dont have any record of misdoing. i just think that its unfair on my part that i didnt do anything and they will terminate because of the mistake that they made on finance, i think that they are only doing this to show the upper management that they are doing something to rectify and i am being a victim of a witch hunting in our company.

these are the alleged violation that they said o committed:
Dishonesty
Committing act of forgery and/or fraud , or any attempt thereof which shall include but not limited to the ff:
1. any act of forgery
1 Misrepresentation to gain incentives or recognition either given by client or company. these include but not limited to emplpyee referral fees, performance incentives, awards and bonuses

and answered with these

• I didn’t forge any of the documents nor intervene with the hiring process
• I have no means of adding applicants name under my referral list
• I don’t have access to Payroll System or Incentive System to add those under my name
• I assumed that the bonus credited was mine since I also refer applicants

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12 Re: Preventive Suspension without Pay on Fri Nov 01, 2013 10:36 pm

squareout


Arresto Menor
Hi attyLLL, thanks for your response, last time I talked with the HR manager, she told me that as per the instruction of the vice president of the company, the period during my suspension shall not be paid. He said it will be look like a reward if they will pay my salary during that period. If I will asked again our HR, what should I say so they will pay my salary during that period?

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