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Preventive Suspension

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1 Preventive Suspension on Thu Dec 19, 2013 1:23 am

jheigh


Arresto Menor
Good day po attorney.. hihingi po sana kami ng legal advice sa inyo regarding po ito sa preventive suspension in 30 days na pinirmahan ng misis ko.. legal po ba na magbigay ang hr ng preventive suspension ng ang naging due process lang eh ang tanungin sila? wala din pong formal na charges or violation? kahit evidence eh wala rin po? ano po ba ang proseso ng due process? pwede po ba kami magfile ng counter charges sa employer namin? thank in advance po..

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2 Re: Preventive Suspension on Thu Dec 19, 2013 9:41 am

alexisbantilan


Reclusion Perpetua
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.
It is opined, however, that the removal of said provisions from the omnibus rules did not diminish the right of the employer to impose preventive suspension, considering that the justification for upholding the right is necessity itself, i.e., when continued employment poses threats to the life of the employer or his co-worker.
When Employee may be Placed under 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.
It is not the nature or gravity of the charge against the employee that should be made the basis for placing him under preventive suspension.
Thus, in a case, the Court held that it is improper for the employer to place under preventive suspension employees charged of violation of school rules and regulations on the wearing of uniform, tardiness or absence, and maliciously spreading false accusations against the school. (See Woodridge School vs. Pe Benito, G.R. No. 160240, October 29, 2008.)
Maximum Period of Preventive Suspension
The maximum period of preventive suspension under the rule is 30 days. After that period, the worker must be reinstated to his former position, or in a substantially equivalent position. If the employer does not want to reinstate his employee for whatever reason, he has the option to extend the period of suspension with the condition that he must pay the worker his wages and other benefits during the entire period of extension.
The latter option is called payroll reinstatement (as opposed to the former which is called actual reinstatement).
In case the employer opts for payroll reinstatement, the employee is not bound to reimburse wages and benefits paid even if he is ultimately dismissed from service, and regardless of whether the ground for preventive suspension is proved to be valid.

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3 Re: Preventive Suspension on Thu Dec 19, 2013 1:45 pm

jheigh


Arresto Menor
thank you for the information attorney.. sorry but still hindi ko pa din po maunawaan ung terms po ay malalalim..

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4 Re: Preventive Suspension on Fri Jan 03, 2014 3:32 pm

alexisbantilan


Reclusion Perpetua
Pwd lng patawan ng preventive suspension ang misis mo kung sya ay treat sa security ng buhay at kaligtasan ng mga kapwa empleyado nya.

Ngayon kung sya naman ay hindi treat, ay mah file na kyo ng illegal suspension sa NLRC.

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5 Re: Preventive Suspension on Fri Jan 10, 2014 3:17 am

jm1225


Arresto Menor
Hi po. Na issuehan po preventive suspension asawa ko last dec 13, 2013. inoferan po sha forced resignation or termination last week lng. Ngaun po, ngdecide sha tanggapin n lng resignation pra wala n rin mhabang usapan. Ang concern n lng po namen is yung mga dapat nya mareceive. Pwede po b namen irequest or idemand n bayaran ung period or days ng suspension nya from Dec 13 to today or discretion po nung company nya kung babayaran un or hinde. In case po na dapat bayaran.. kasama po ba ung transportation allowance nya for the month din. Wla kasi nka specify s contract nya n hindi bbyaran ang yranspo allowance kng di pumasok.. though pag nkaleave po sila.. ibinabawas ung transpo allow nya kng ilang days sha nkaleave.

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6 Re: Preventive Suspension on Fri Jan 10, 2014 11:04 am

Patok


Reclusion Perpetua
bakit na suspend? bakit sya pumayag na resigned?

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7 Re: Preventive Suspension on Fri Jan 10, 2014 12:09 pm

jm1225


Arresto Menor
Napagbintngan po gumalaw pera. Kaso ang gumalaw kc ung tao nya. Manager po kasi sha.. kaso mawala n parang bula ung tao nya. So pra ma clear sha dapat iharap umg tao n un kaso d n namen mkita. To make it less stress.. nahdecide n lng i accept. So un n lng po ask nmen.. if dapat b nennidemand ung pay nya for the period n suspended sha. And pati allowance.

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8 Re: Preventive Suspension on Mon Jan 20, 2014 9:29 pm

jheigh


Arresto Menor
GOOD DAY READERS.. ASK KO LANG PO KUNG ANO PO PWEDENG LEGAL ACTION KUNG LAPS NA YUNG 30 DAYS PREVENTIVE SUSPENSION? AND IF EVER PO CLEAR YUNG CASE AND PINABABALIK NA SA WORK PERO HINDI NA PO INTERESTED BUMALIK MAY RIGHTS PO BA NA MAY MACLAIM DURING SUSPENSION? NEED YOUR ADVICE PLEASE.. THANKS..

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9 Re: Preventive Suspension on Mon Jan 20, 2014 9:30 pm

jheigh


Arresto Menor
GOOD DAY READERS.. ASK KO LANG PO KUNG ANO PO PWEDENG LEGAL ACTION KUNG LAPS NA YUNG 30 DAYS PREVENTIVE SUSPENSION? AND IF EVER PO CLEAR YUNG CASE AND PINABABALIK NA SA WORK PERO HINDI NA PO INTERESTED BUMALIK MAY RIGHTS PO BA NA MAY MACLAIM DURING SUSPENSION? NEED YOUR ADVICE PLEASE.. THANKS..

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10 Re: Preventive Suspension Today at 2:17 am

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