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labor question:need advice

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1 labor question:need advice on Wed Mar 19, 2014 10:11 pm

maskrider007


Arresto Menor
I'm a call cernter agent working in makati, I had one bad call in which they say what I did is fraud..they say i have to respond in 5 days and there would be an investigation...But they say during investigation; they will put me in unpaid 30 days suspension...Has the company under Phillippine law have  the right to suspend it's employee while still in investigation?  Embarassed

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2 Re: labor question:need advice on Thu Mar 20, 2014 4:40 am

council


Reclusion Perpetua
maskrider007 wrote:I'm a call cernter agent working in makati, I had one bad call in which they say what I did is fraud..they say i have to respond in 5 days and there would be an investigation...But they say during investigation; they will put me in unpaid 30 days suspension...Has the company under Phillippine law have  the right to suspend it's employee while still in investigation?  Embarassed

Yes, that's called preventive suspension, given for a maximum of 30 days.

SECTION 3. Preventive suspension. — The employer may place the worker concerned under preventive suspension if his continued employment poses a serious and imminent threat to the life or property of the employer or of his co-workers.

SECTION 4. Period of suspension. — No preventive suspension shall last longer than 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.

Did they give you the notice on paper, stating therein also that you would be put on preventive suspension?

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3 labor question:need advice on Thu Mar 20, 2014 9:00 pm

maskrider007


Arresto Menor
yes they give the paper after shift 6am i was just shocked bec it said i can respond in 5 days but i will be suspended in 30 days and i will not be allowed to enter the workplace only communication was with hr office....what i deed attorney is I did not sign the paper i just did not go to work anymore.

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4 Re: labor question:need advice on Thu Mar 20, 2014 9:03 pm

council


Reclusion Perpetua
maskrider007 wrote:yes they give the paper after shift 6am i was just shocked bec it said i can respond in 5 days but i will be suspended in 30 days and i will not be allowed to enter the workplace only communication was with hr office....what i deed attorney is I did not sign the paper i just did not go to work anymore.

30 days is maximum.

if you did not go to work anymore then you could be considered AWOL if they ask you to report for the hearing, and they can make a decision based on existing evidence.

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5 Re: labor question:need advice on Fri Mar 21, 2014 7:44 pm

maskrider007


Arresto Menor
Thanks attorney for your expert advise God Bless Smile Smile Smile 

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