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salary withheld | illegal suspension | illegal termination

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chosen1


Arresto Menor
i am currently employed at Serco Global Services a BPO company located at One World Square Bldg., Upper Mckinley Rd. Mckinley Hills, Fort Bonifacio, Taguig City would like to inquire if my company has the legal right to withhold my salary.

It was the date of April 25, 2014 between the time of 12:00am - 12:15am I was summoned inevidently by our HR Dept. to come to office without knowing the reason for the summon. Prior to that my Assistant General Manager Von Ryan Castillo was calling me to come to office, I responded and asked him "why" he just plainly replied to go directly to HR and asked for Ms. Ching Balaquit. I then called my Team Manager Lalinka Galias to ask what is the concern about for me coming to office during my rest day she just replied and answered "Hindi Ko Alam Eh". I then proceeded to the office and went directly to our HR Department where I was handled by Mr. Erwin Manoloto BHR executive. Afterwards that was the only time that i have been informed that i have a pending case and an incident report was issued by Ms. Lalinka Galias. After serving the incident report I was also immediately put under a preventive suspension order by him explaining about the on going case and i must provide NTE within the next 5 days. I provided the NTE and sent it April 29, 2014 around 12:00 noon as our HR office is only available during nightshifts. It is also payroll day however when i checked my payslip online I learned that my salary is withheld by the office.

- I would like to ask if the company's move to hold my salary is legal due to the reason that the IR was only served on the 29th of April and the payroll cutoff date was for April 1 - 15 only.

- I would like to also ask if my suspension is legal due to the fact that I was not notified of my case and incident report filed against me. That I was not given time to explain and defend myself before being disciplined or put under preventive suspension. All this I know under the Law of Notice and Due Process from the labor code of the Philippines.

- If so that the company has violated my rights, what legal actions can i take against them.

- If so that the company has violated my rights, am I entitled to file Moral Damages against them due to the defamation of my personality in the office.

- If so that the company has violated my rights, whom are the ones I can file legal actions to.

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vane


Prision Mayor
why did they put you under preventive suspension? ganun ba ka "sensitive" and case mo? if the ER put you under preventive suspension talagang nakahold ang sahod mo. if after 30days and its proven na may kasalanan ka, walang bayad yung period na ikaw ay susupended but if its proven na wala kang kasalanan sa insidente, babayaran nila yung 30days.

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council


Reclusion Perpetua
chosen1 wrote:i am currently employed at Serco Global Services a BPO company located at One World Square Bldg., Upper Mckinley Rd. Mckinley Hills, Fort Bonifacio, Taguig City would like to inquire if my company has the legal right to withhold my salary.

It was the date of April 25, 2014 between the time of 12:00am - 12:15am I was summoned inevidently by our HR Dept. to come to office without knowing the reason for the summon. Prior to that my Assistant General Manager Von Ryan Castillo was calling me to come to office, I responded and asked him "why" he just plainly replied to go directly to HR and asked for Ms. Ching Balaquit. I then called my Team Manager Lalinka Galias to ask what is the concern about for me coming to office during my rest day she just replied and answered "Hindi Ko Alam Eh". I then proceeded to the office and went directly to our HR Department where I was handled by Mr. Erwin Manoloto BHR executive. Afterwards that was the only time that i have been informed that i have a pending case and an incident report was issued by Ms. Lalinka Galias. After serving the incident report I was also immediately put under a preventive suspension order by him explaining about the on going case and i must provide NTE within the next 5 days. I provided the NTE and sent it April 29, 2014 around 12:00 noon as our HR office is only available during nightshifts. It is also payroll day however when i checked my payslip online I learned that my salary is withheld by the office.

- I would like to ask if the company's move to hold my salary is legal due to the reason that the IR was only served on the 29th of April and the payroll cutoff date was for April 1 - 15 only.

- I would like to also ask if my suspension is legal due to the fact that I was not notified of my case and incident report filed against me. That I was not given time to explain and defend myself before being disciplined or put under preventive suspension. All this I know under the Law of Notice and Due Process from the labor code of the Philippines.

- If so that the company has violated my rights, what legal actions can i take against them.

- If so that the company has violated my rights, am I entitled to file Moral Damages against them due to the defamation of my personality in the office.

- If so that the company has violated my rights, whom are the ones I can file legal actions to.

Please clarify - who provided the incident report? who provided the NTE? who provided the explanation? What is your violation that warranted the preventive suspension?

How is it that you say you were called to the office on 25 April but the IR was served 29 April? I don't think you stayed in the HR office for 4 days waiting for the paper to arrive.

1. You may dispute and inquire regarding the status of your salary, but check with company policies also first. But in general, if you are on PS your salary may be put on hold.

2. Suspension is proper - you were notified when you were given an IR (or NTE) or whatever you call it at your office. You were given time to explain (5 days). Preventive suspension is allowed if your presence could constitute a threat to the company or client. Proper procedure was done in relation to the preventive suspension.

If you feel your rights are violated in relation to employment, you can consult with DOLE. If your issue about your salary is a valid point then you may be entitled to file a complaint for withholding of your salaries.

Moral damages? Go file your case with DOLE/NLRC but be advised that cases involving these "damages" take years to resolve, and obviously you would not want to be working for your employer when the case starts. And you have to prove that you are entitled to these amounts.

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PeeJay


Arresto Menor
Hi,
My company holds my salary because I am on PS but i am not aware of it because i am on SL. My company/boss didnt notify me about my PS and only learned about my PS when i asked my boss why i didnt received my pay during payroll. Please be advised that i am not yet signing any IR or NTE from HR as i am not aware of it until payday comes. They said that they put on hold my pay 5 days before payday (during my sick leave); without notification about the PS. Is it lawful?

If it is? Why i am singled out? There are other employees doing the same act and they are not under PS and they received their pay. Is it because they are not being caught?

Is it right to demand to my company that they should provide my pay for that cut off because others who are doing the same act received their pay and i felt discriminated and singled out.

If its not? What should be the right process to handle this scenario?

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vane


Prision Mayor
dapat properly informed ka na you are placed under preventive suspension

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HR Adviser


Reclusion Perpetua
What is your case?

Please don't name names. It might cause you trouble in the future

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