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Preventive suspension, can I file a case for moral damages?

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knoowee


Arresto Menor
Good day, I would ask your assistance to my partners issue with her company, can you help on this.
She was put on preventive  suspension due to alleged cade of dishonesty/fraud, but she did not sign the preventive suspension show cause memo given to her. Prior to she was put on preventive suspension,  she was not taking call (BPO company),  since  last saturday til yesterday. She was given 5days to submit her writtem explanatiom why she should not be terminated or explain herself.
Hence, my partner is willing to file a moral damage caused to her bu the company for not giving her reasons and updates why she was not allowed to take call for more than a week. This caused her mental and emotional stress and even lead to her anxiety attack during past days. The manager of the program said that it took then that long to make sure of the evidence (listened to the cll recordings) before they put my partner on preventive suspension.A total of 8 people were put on preventive suspension since yesterday due to different allegations.
My partner and her colleagues were planning to go to nlrc and PAO, to seek advice and file a a case (if possible) against the companies procedure of putting employees on suspension. Hoping to have possible assistance o n this. Thank you.
(Sorry for any typo or grammatical error)

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council


Reclusion Perpetua
It seems the company followed due process.

They gave proper notice but your partner did not sign or receive it.

The 5 days notice for a written explanation is correct.

Unpaid Preventive suspension can last up to 30 days. It can be extended for longer periods if necessary but will be considered paid.

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.

Any case for moral damages at this stage will not prosper.



Last edited by council on Wed Oct 28, 2015 6:04 am; edited 1 time in total

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council


Reclusion Perpetua
To clarify, the following should be considered in terminating the services of employees:

(1) The first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. Reasonable opportunity under the Omnibus Rules means every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense. This should be construed as a period of at least five (5) calendar days from receipt of the notice to give the employees an opportunity to study the accusation against them, consult a union official or lawyer, gather data and evidence, and decide on the defenses they will raise against the complaint. Moreover, in order to enable the employees to intelligently prepare their explanation and defenses, the notice should contain a detailed narration of the facts and circumstances that will serve as basis for the charge against the employees. A general description of the charge will not suffice. Lastly, the notice should specifically mention which company rules, if any, are violated and/or which among the grounds under Art. 282 is being charged against the employees.

(2) After serving the first notice, the employers should schedule and conduct a hearing or conference wherein the employees will be given the opportunity to: (1) explain and clarify their defenses to the charge against them; (2) present evidence in support of their defenses; and (3) rebut the evidence presented against them by the management. During the hearing or conference, the employees are given the chance to defend themselves personally, with the assistance of a representative or counsel of their choice. Moreover, this conference or hearing could be used by the parties as an opportunity to come to an amicable settlement.

(3) After determining that termination of employment is justified, the employers shall serve the employees a written notice of termination indicating that: (1) all circumstances involving the charge against the employees have been considered; and (2) grounds have been established to justify the severance of their employment.

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HrDude


Reclusion Perpetua
A preventive suspension is a preventive measure. A right given by the Labor Code, basically, for the protection of the company, its operations and assets pending investigation for the alleged malfeasance or misfeasance on the part of the officers or employees of the company and pending a decision on the part of the company.

As long as there is due process and without malice on the part of the employer, this measure is all but legal. By all means, all employees have the right to file a case, however, this would only be in futility as your 'inconvenience' does not give rise to a cause of action.

I suggest you tell your wife to subject herself freely to the investigation if she has done nothing wrong. Good Luck.

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attyLLL


moderator
at this point don't focus on the suspension. focus on whether there was proper evidence to prove that your partner actually did the supposed fraud.


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knoowee


Arresto Menor
Worst thing could happen can result to termination.Does the employee is still entitle for compensation like back pay? What are those.

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knoowee


Arresto Menor
Worst thing could happen can result to termination.Does the employee is still eligible for compensation like back pay? If yes, what are those?

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knoowee


Arresto Menor
PS- poses a serious threat to the company.. Basicaly the reason why we are on PS because we are threat to the company.
The mere fact that we are using the very script/strategy/call handling/positioning since we started is all the same. So we are threat already since day 1.
Worst thing could happen can result to termination.Does the employee is still entitle for compensation like back pay? What are those.

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council


Reclusion Perpetua
Any separated employee is entitled to:

1. pro-rated 13th month pay
2. unpaid salaries
3. tax refund or adjustment (not of full amount, but only excess)
4. leave conversion, if in policy, or at very least, unused Service Incentive Leave
5. other benefits as agreed upon in contract or company policy

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