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preventive suspension / payroll reinstatement

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1 preventive suspension / payroll reinstatement on Fri Jun 26, 2015 12:58 pm

sh1n0d4


Arresto Menor
Hi All,

I was placed on preventive suspension last May 14 and up until now, my company hasn't come up yet about the decision of my case. With that being said, I was placed on payroll reinstatement status.

I want to know what should have been the correct process on what should happen after the 30 day period. In my case:

a. I was informed, through SMS that I was payroll reinstated on the 31st day of suspension.
b. They did not inform me on when will the decision about my case be made
c. Like preventive suspension, is there any given period on how long should I be placed on payroll reinstatement? Does it mean that I am being payed from the time the preventive suspension ended until they made their decision?

Please help. It's been more than a month now and I can't really decide on whether I should resign or continue waiting. Let me know if you need further information.

Thanks!

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council


Reclusion Perpetua
No fixed period - as long as you are paid for the days after the 30th.

But you should ask when the decision will be out.

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Jann RIch Martinez


Arresto Menor
Atty good day to you..just need some advise.i currently work in a call center company.i made a violation way back from april 2,2015.1st offense,they put me off the phones(means you are still allowed go to work.same as usual,pmupunta padin ako,given a job that was not included on my contract since i cant make calls,time passed,wlang balita,so i kept on asking my boss supervisor,asked him about my status.even told him na if malabo mag aapply nlng ako sa iba.what he told me is just wait for the case and hearing..a month passed asked my manager, she said she think's that i might be back on phones since wla nmn daw balita galing hr,so happy na po ako.i was assuming na ma babale wla na po yung case that time.after a week all my access to my computer and my accounts was no longer working.so i asked them since i still need it because they are still giving me jobs to do.my manager told me that i was accidentally been terminated.not know about the reason.so i asked them what should i do?they said juat keep going to work.they are going to request to reactivate it.so in that reassurance statement,di na po ako ng isip na mag apply pa.so i did.hoping that they are going to work on it.every shift doing jobs that was not on my contract since i dont want to be terminated, i went over 2months na nag susuport padin ako because still i dont have access on our systems.on june 12,2015 may nakuha na po ako na preventive suspension order from hr.so nagulat ako,sinamahan po ako ng supervisor ko sa hr on that day to set up the date of the hearing daw.so i was ok, so we can fix it hearing dated on june 22,2012 11pm.went that day sabi wla daw panel.they re sched it on 06/25/11 11pm.busy daw ang panel so sabi nila antay daw muna until 1..hearing was done already.they said result will be on june 29,2015..
ang sakin lng po atty,i was searching for laws but ang nbasa ko sa preventive suspension,wla nmn pong tumutugma sa kaso ko,since my case is an invalid transfer lng po and 1st offense.i dont know if they are following the law.
nkakalungkot lng po kasi isipin kasi,dpat sana hndi nako umasa at nag apply nlng sa iba dahil,late ko na nbasa na pag guilty ka(since they wont listen to my side).di ka mbabayaran..so npasip ako kc bread winner ako ng family ko.sana po matulungan nyo po ako at mabigyan ng advise..thank you and godbless

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council


Reclusion Perpetua
Jann RIch Martinez wrote:Atty good day to you..just need some advise.i currently work in a call center company.i made a violation way back from april 2,2015.1st offense,they put me off the phones(means you are still allowed go to work.same as usual,pmupunta padin ako,given a job that was not included on my contract since i cant make calls,time passed,wlang balita,so i kept on asking my boss supervisor,asked him about my status.even told him na if malabo mag aapply nlng ako sa iba.what he told me is just wait for the case and hearing..a month passed asked my manager, she said she think's that i might be back on phones since wla nmn daw balita galing hr,so happy na po ako.i was assuming na ma babale wla na po yung case that time.after a week all my access to my computer and my accounts was no longer working.so i asked them since i still need it because they are still giving me jobs to do.my manager told me that i was accidentally been terminated.not know about the reason.so i asked them what should i do?they said juat keep going to work.they are going to request to reactivate it.so in that reassurance statement,di na po ako ng isip na mag apply pa.so i did.hoping that they are going to work on it.every shift doing jobs that was not on my contract since i dont want to be terminated, i went over 2months na nag susuport padin ako because still i dont have access on our systems.on june 12,2015 may nakuha na po ako na preventive suspension order from hr.so nagulat ako,sinamahan po ako ng supervisor ko sa hr on that day to set up the date of the hearing daw.so i was ok, so we can fix it hearing dated on june 22,2012 11pm.went that day sabi wla daw panel.they re sched it on 06/25/11 11pm.busy daw ang panel so sabi nila antay daw muna until 1..hearing was done already.they said result will be on june 29,2015..
ang sakin lng po atty,i was searching for laws but ang nbasa ko sa preventive suspension,wla nmn pong tumutugma sa kaso ko,since my case is an invalid transfer lng po and 1st offense.i dont know if they are following the law.
nkakalungkot lng po kasi isipin kasi,dpat sana hndi nako umasa at nag apply nlng sa iba dahil,late ko na nbasa na pag guilty ka(since they wont listen to my side).di ka mbabayaran..so npasip ako kc bread winner ako ng family ko.sana po matulungan nyo po ako at mabigyan ng advise..thank you and godbless

Invalid transfer may equivalent to call avoidance and may be a terminable offense.

Why do you say they wont listen to your side? Were you given a notice to explain? Did you give a written explanation?

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Jann RIch Martinez


Arresto Menor
Yes there is.i explained that it was not taught on the training that,that specific scenario fell under call avoidance.but is it right that they let the case last for 2months?

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Jann RIch Martinez


Arresto Menor
Yes there is.i explained that it was not taught on the training that,that specific scenario fell under call avoidance.but is it right that they let the case last for 2months?

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Jann RIch Martinez


Arresto Menor
And by that time i was just 2weeks taking calls after the training..so there's no room for error po tlaga?

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sh1n0d4


Arresto Menor
council wrote:No fixed period - as long as you are paid for the days after the 30th.

But you should ask when the decision will be out.


I was able to recieve salary last june 30. However, there's no news fron HR about my case.

Should I just continue waiting or take any legal action?

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mrs_scofield


Arresto Mayor
@sh1n0d4

What was the infraction you committed prompting your employer to put you under preventive suspension?

For your info, 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.)

As you are well aware, 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) as what was done to you.

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.

The employee placed under preventive suspension is not entitled to payment of wages. This rule, however, presupposes that the suspension is valid. If the suspension is invalid or illegal, the employee shall be entitled to payment of wages during the entire period of illegal suspension. (See Gatbonton vs. NLRC, G.R. NO. 146779, January 23, 2006.)

Likewise, if the suspension is extended beyond the 30-day limit, the employee shall be entitled to wages and other benefits for the period of the extension.

Please note and this is very important: when preventive suspension exceeds the maximum period allowed without reinstating the employee either by actual or payroll reinstatement (see Hyatt Taxi Services Inc. vs. Rustom M. Catinoy, G.R. No. 143204, June 26, 2001), or when preventive suspension is for indefinite period (see Pido vs. National Labor Relations Commission, G.R. No. 169812, Feb. 27, 2007), constructive dismissal will set in.

----------------------------------------------
Disclaimer: The legal advice provided herein is only the legal opinion of the author and cannot substitute for the advice of a licensed legal practitioner. The author cannot take any responsibility for the results or consequences of any attempt to use or adopt any of the information or disinformation presented on this website.

Nothing in the author's legal opinion should be construed as an attempt to engage in the practice of law.

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sh1n0d4


Arresto Menor
mrs_scofield wrote:@sh1n0d4

What was the infraction you committed prompting your employer to put you under preventive suspension?

For your info, 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.)

As you are well aware, 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) as what was done to you.

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.

The employee placed under preventive suspension is not entitled to payment of wages. This rule, however, presupposes that the suspension is valid. If the suspension is invalid or illegal, the employee shall be entitled to payment of wages during the entire period of illegal suspension. (See Gatbonton vs. NLRC, G.R. NO. 146779, January 23, 2006.)

Likewise, if the suspension is extended beyond the 30-day limit, the employee shall be entitled to wages and other benefits for the period of the extension.

Please note and this is very important: when preventive suspension exceeds the maximum period allowed without reinstating the employee either by actual or payroll reinstatement (see Hyatt Taxi Services Inc. vs. Rustom M. Catinoy, G.R. No. 143204, June 26, 2001), or when preventive suspension is for indefinite period (see Pido vs. National Labor Relations Commission, G.R. No. 169812, Feb. 27, 2007), constructive dismissal will set in.



----------------------------------------------
Disclaimer: The legal advice provided herein is only the legal opinion of the author and cannot substitute for the advice of a licensed legal practitioner. The author cannot take any responsibility for the results or consequences of any attempt to use or adopt any of the information or disinformation presented on this website.

Nothing in the author's legal opinion should be construed as an attempt to engage in the practice of law.



what do you mean by constructive dismissal?

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council


Reclusion Perpetua
sh1n0d4 wrote:

what do you mean by constructive dismissal?

There may be constructive dismissal if an act ... by an employer becomes so unbearable on the part or the employee that ... it could leave no choice by the employee but to resign.

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sh1n0d4


Arresto Menor
Ok thank you. But should i just continue waiting?

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council


Reclusion Perpetua
sh1n0d4 wrote:Ok thank you. But should i just continue waiting?

After the next payday, ask them about the case and resolution.

(I say "after the next payday" so you can save more money if the case goes against you.)

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sh1n0d4


Arresto Menor
council wrote:
sh1n0d4 wrote:Ok thank you. But should i just continue waiting?

After the next payday, ask them about the case and resolution.

(I say "after the next payday" so you can save more money if the case goes against you.)

haha.. that's good. What if they miss out on the next payroll? like I didn't get my salary.

What I received last pay was supposed to be my salary last May 30th.

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council


Reclusion Perpetua
sh1n0d4 wrote:
council wrote:
sh1n0d4 wrote:Ok thank you. But should i just continue waiting?

After the next payday, ask them about the case and resolution.

(I say "after the next payday" so you can save more money if the case goes against you.)

haha.. that's good. What if they miss out on the next payroll? like I didn't get my salary.

What I received last pay was supposed to be my salary last May 30th.

When is your regular payroll date? Ask them. You should get your pay the same way as other "working" employees.

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sh1n0d4


Arresto Menor
council wrote:
sh1n0d4 wrote:
council wrote:
sh1n0d4 wrote:Ok thank you. But should i just continue waiting?

After the next payday, ask them about the case and resolution.

(I say "after the next payday" so you can save more money if the case goes against you.)

haha.. that's good. What if they miss out on the next payroll? like I didn't get my salary.

What I received last pay was supposed to be my salary last May 30th.

When is your regular payroll date? Ask them. You should get your pay the same way as other "working" employees.


every 15th and 30th. cut off is from 11th to 25th and 26th and 10th

can I sue them if they miss out?

btw, I appreciate your replies regarding my case sir/madam

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council


Reclusion Perpetua
sh1n0d4 wrote:
every 15th and 30th. cut off is from 11th to 25th and 26th and 10th

can I sue them if they miss out?

btw, I appreciate your replies regarding my case sir/madam

Ask them first.

Could you post exact date(s) when you were first put on PS then reinstated?

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sh1n0d4


Arresto Menor
council wrote:
sh1n0d4 wrote:
every 15th and 30th. cut off is from 11th to 25th and 26th and 10th

can I sue them if they miss out?

btw, I appreciate your replies regarding my case sir/madam

Ask them first.

Could you post exact date(s) when you were first put on PS then reinstated?

May 14 - effectivity date of PS
June 14 - payroll reinstated
June 30 - received salary

up until today, no news from HR regarding my case

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council


Reclusion Perpetua
sh1n0d4 wrote:
May 14 - effectivity date of PS
June 14 - payroll reinstated
June 30 - received salary

up until today, no news from HR regarding my case

So far you've been paid properly.

Pwede mo namang tawagan sila para alamin ang result.

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sh1n0d4


Arresto Menor
council wrote:
sh1n0d4 wrote:
May 14 - effectivity date of PS
June 14 - payroll reinstated
June 30 - received salary

up until today, no news from HR regarding my case

So far you've been paid properly.

Pwede mo namang tawagan sila para alamin ang result.


The problem is they dont respond to my SMS. Wait ko na lang ba?

Anyway, im getting paid even if im not working. Hahaha

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council


Reclusion Perpetua
sh1n0d4 wrote:
council wrote:
sh1n0d4 wrote:
May 14 - effectivity date of PS
June 14 - payroll reinstated
June 30 - received salary

up until today, no news from HR regarding my case

So far you've been paid properly.

Pwede mo namang tawagan sila para alamin ang result.


The problem is they dont respond to my SMS. Wait ko na lang ba?

Anyway, im getting paid even if im not working. Hahaha

Tawagan sila. Or better yet, go see the HR department.

SMS is rather informal in your situation.

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mrs_scofield


Arresto Mayor
The best thing to do is send a letter inquiring on the status of your preventive suspension either through registered mail or personal service.

Also it is wise to  keep all documents pertaining to your preventive suspension. Was your alleged infraction a valid ground for the preventive suspension in the first place? Because if not, you are entitled to your salary from the period you were suspended.

If they have been paying you without you working and haven't heard from them till now, then it may be a bad news. Opting for payroll reinstatement rather than actual reinstatement is a big giveaway sign.

Now, keep the show cause letters, your employment contract, if any, company ID, etc. that will prove your employment with the company and your letter inquiring on the status of your preventive suspension duly received. Don't erase you sms to the HR as you can also use that to prove that you have been inquiring but your inquiries fell on deaf ears.

If for quite sometime now you haven't been called to work-

File for constructive dismissal with the NLRC and question your preventive suspension should it not be accdg to labor laws and pray for the payment of your salaries when you were preventively suspended and your immediate reinstatement. You can also ask for damages

If later on you received a notice of termination-

File for illegal dismissl questioning the grounds of your dismissal and the process leading to your dismissal and pray for the payment of your back salaries and immediate reinstatement. You can also pray for damages.

Attached all the documents mentioned above as your evidence.


-------------------------------------
Let me remind you that is is only my personal opinion and will not be responsible for any damages that you may incur in following my advise. I suggest that you seek the help of a lawyer

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sh1n0d4


Arresto Menor
mrs_scofield wrote:The best thing to do is send a letter inquiring on the status of your preventive suspension either through registered mail or personal service.

Also it is wise to  keep all documents pertaining to your preventive suspension. Was your alleged infraction a valid ground for the preventive suspension in the first place? Because if not, you are entitled to your salary from the period you were suspended.

If they have been paying you without you working and haven't heard from them till now, then it may be a bad news. Opting for payroll reinstatement rather than actual reinstatement is a big giveaway sign.

Now, keep the show cause letters, your employment contract, if any, company ID, etc. that will prove your employment with the company and your letter inquiring on the status of your preventive suspension duly received. Don't erase you sms to the HR as you can also use that to prove that you have been inquiring but your inquiries fell on deaf ears.

If for quite sometime now you haven't been called to work-

File for constructive dismissal with the NLRC and question your preventive suspension should it not be accdg to labor laws and pray for the payment of your salaries when you were preventively suspended and your immediate reinstatement. You can also ask for damages

If later on you received a notice of termination-

File for illegal dismissl questioning the grounds of your dismissal and the process leading to your dismissal and pray for the payment of your back salaries and immediate reinstatement.  You can also pray for damages.

Attached all the documents mentioned above as your evidence.


-------------------------------------
Let me remind you that is is only my personal opinion and will not be responsible for any damages that you may incur in following my advise. I suggest that you seek the help of a lawyer



Thank you for your advice, madam.

The alleged infraction that they've thrown at me is valid for term. The only paper as evidence that I have is the NTE that they served me last May 14. They confiscated my proxy card (since I dont have a company ID) but I still have my contract though. I also have the SMS exchanges with the HR personnel.


Appreciate your advice ma'am.

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sh1n0d4


Arresto Menor
council wrote:
sh1n0d4 wrote:
council wrote:
sh1n0d4 wrote:Ok thank you. But should i just continue waiting?

After the next payday, ask them about the case and resolution.

(I say "after the next payday" so you can save more money if the case goes against you.)

haha.. that's good. What if they miss out on the next payroll? like I didn't get my salary.

What I received last pay was supposed to be my salary last May 30th.

When is your regular payroll date? Ask them. You should get your pay the same way as other "working" employees.

I already heard news from HR and they are giving me notice of dismissal. (I haven't seen the actual NOD paper yet). By the way, I did not receive a salary last July 15.

Is my case being handled legally?

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council


Reclusion Perpetua
Did you ask them? Or did they just tell you (for no reason)?

IMO you're not supposed to hear any news from HR until they ask you to come in for it and they tell it to you (or in writing) face to face.

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