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Illegal suspension, Salary Related Policy

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1 Illegal suspension, Salary Related Policy on Wed Apr 30, 2014 6:45 pm

BuhayMadlos


Arresto Menor
I just need clarification in terms of the preventive suspension provided to me. yes I am aware for he hold salary during the preventive suspension period of 30 days but my concern is, Is it rightful to just provide you with the preventive suspension notice without you being notified. if the incident happened April 23, and that I was not told of the ongoing complaint and then put me off the phone without proper coaching. though from the fact you are aware of the incident.. provided you with a blank paper on the third day.. told me to make NTE without proper documents served.. then will just surprise you and be escorted to the HR office and make you sign a preventive suspension paper? is that legal?
And If ever I have an existing loan thru pag-ibig should it be deducted as well to my salary without notice. I was told that salary for April 30 will be released but not at all informed that if there is an existing loan it will be deducted. so what's the difference of it for not just holding the salary?!

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2 Re: Illegal suspension, Salary Related Policy on Wed Apr 30, 2014 7:31 pm

council


Reclusion Perpetua
BuhayMadlos wrote:I just need clarification in terms of the preventive suspension provided to me. yes I am aware for he hold salary during the preventive suspension period of 30 days but my concern is, Is it rightful to just provide you with the preventive suspension notice without you being notified. if the incident happened April 23, and that I was not told of the ongoing complaint and then put me off the phone without proper coaching. though from the fact you are aware of the incident.. provided you with a blank paper on the third day.. told me to make NTE without proper documents served.. then will just surprise you and be escorted to the HR office and make you sign a preventive suspension paper? is that legal?


Yes it is rightful to provide you the PS notice "without you being notified." - When it is provided to you, then you are notified.

In a similar instance, a thief isn't advised that he is being hunted by police, otherwise he could run away and destroy evidence.

BuhayMadlos wrote:And If ever I have an existing loan thru pag-ibig should it be deducted as well to my salary without notice. I was told that salary for April 30 will be released but not at all informed that if there is an existing loan it will be deducted. so what's the difference of it for not just holding the salary?!

Maybe you need to read the loan form application agreement again:

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3 Re: Illegal suspension, Salary Related Policy on Wed Apr 30, 2014 8:59 pm

BuhayMadlos


Arresto Menor
yes authorization to deduct was provided but does it mean they could also take the "full amount" if suspension persist?!

for HR it is rightful ok.. but under the operations part. isn't it a must to at least be properly coach and serve proper documentation?!they held all the evidence as it's part if integrity and I don't have any other evidence than that of my full documentation.



Last edited by BuhayMadlos on Wed Apr 30, 2014 9:03 pm; edited 1 time in total (Reason for editing : additional inquiry)

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4 Re: Illegal suspension, Salary Related Policy on Wed Apr 30, 2014 9:16 pm

council


Reclusion Perpetua
BuhayMadlos wrote:yes authorization to deduct was provided but does it mean they could also take the "full amount" if suspension persist?!

Your original statement was not clear. The full amount (balance) of the loan was deducted?

Have you clarified this matter first in case this was just a clerical error?

BuhayMadlos wrote:for HR it is rightful ok.. but under the operations part. isn't it a must to at least be properly coach and serve proper documentation?!they held all the evidence as it's part if integrity and I don't have any other evidence than that of my full documentation.

What is the reason for the PS in the first place?

Coaching is done at the end as a possible sanction, after you have been advised of the problem and you have given the explanation (and after any hearing, etc).

Check your company policy regarding service of any documentation. Any policy violation generally falls under HR's jurisdiction and they have control on how any notices are served.

In any case that occurs, you are responsible for your own evidence, and the company is not required to help you present it. If it so happens that your evidence in in the office computer, they are not required to give it to you, and you have no rights to it unless they allow you, since it is company property. Similarly they may disallow you from accessing office equipment and refuse you entry into the work area if they deem you may be a threat to the business.

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5 Re: Illegal suspension, Salary Related Policy on Thu May 01, 2014 12:00 am

BuhayMadlos


Arresto Menor
is it possible to file
an immediate resignation while under suspension?!

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6 Re: Illegal suspension, Salary Related Policy on Thu May 01, 2014 5:40 am

council


Reclusion Perpetua
BuhayMadlos wrote:is it possible to file
an immediate resignation while under suspension?!

Yes you can file for an immediate resignation.
BUT.
Approval is still management prerogative.

Generally, this does not happen because it might appear that your resignation is a sign of guilt or that you are trying to evade sanction for what you did.

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