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.
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