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preventive suspension

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1 preventive suspension on Mon Oct 17, 2016 12:29 am

bestia.nera


Arresto Mayor
ive confronted hr and payroll dept due to non payment of holiday pay /ot and working hours last December 2015,got a failing q.a. grade last January 2016 and they issued me a preventive suspension for 30 days,got reinstated when I escalate to dole but they didn't give me back the leaves that I was supposed to get (20hrs since iwas suspended for 30days) and they put a hold on my salary for 48days..is this legal?

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2 Re: preventive suspension on Mon Oct 17, 2016 1:02 am

lukekyle


Reclusion Perpetua
what was the preventive suspension for? i thought you were reinstated before the suspension was handed out. you weren't paid for the days that you worked?

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3 Re: preventive suspension on Mon Oct 17, 2016 1:12 am

bestia.nera


Arresto Mayor
the suspension was for getting low q.a. score they used article 282 as basis eh nun lang ako bumagsak.nabayaran yung 30days suspended ako kaso ihold nila salary ko for 1month mahigit at hnd binayaran yung leave credits na dapat naeearn namin dapat sa isang buwan. we are looking at possible retaliation case kasi.thanks

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4 Re: preventive suspension on Mon Oct 17, 2016 1:14 am

bestia.nera


Arresto Mayor
natuloy parin suspension kasi after 30 mins of that q.a. score nagserve na sila ng suspension agad.nung nagcomplaint ako sa dole biglang naghearing sa admin.pero when they handed the suspension notice they are asking for my resignation na.

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5 Re: preventive suspension on Mon Oct 17, 2016 2:51 am

lukekyle


Reclusion Perpetua
ah hindi preventive suspension yan. more of punitive sya.
yung salary is bayad na so you can't file a complaint na kahit na delayed nabigay.

you could file a complaint habang di pa binibigay. if hindi ka pumasok during the suspension then definitely walang leave credits for that.

yung retaliation is almost impossible to prove but iguess if you really want to try, if ever ask your lawyer to take your case on contigency (walang bayad if hindi nanalo)
it doesn't matter if they asked you to resign, they took you back. what would matter is how they treat you after they accepted you back

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6 Re: preventive suspension on Mon Oct 17, 2016 3:51 am

bestia.nera


Arresto Mayor
lukekyle wrote:ah hindi preventive suspension yan. more of punitive sya.
yung salary is bayad na so you can't file a complaint na kahit na delayed nabigay.

you could file a complaint habang di pa binibigay. if hindi ka pumasok during the suspension then definitely walang leave credits for that.

yung retaliation is almost impossible to prove but iguess if you really want to try, if ever ask your lawyer to take your case on contigency (walang bayad if hindi nanalo)
it doesn't matter if they asked you to resign, they took you back.  what would matter is how they treat you after they accepted you back

thanks, It was worst when I get back,lahat ng nagwitness sa case ko dati nakahold ang mga incentives at they keep on asking me to resign,i also have my supervisor and manager sworn statements na yung ikinomplaint ko dati na manager na vp na ngayon wants me out.nadiagnose ako with kidney problem I was on leave but sa loob ng nlrc the hr threathen me na pag d ako pumasok iteterm nila ko,my manager who is my wave mate provided me emails ng vp na he wants me out.

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7 Re: preventive suspension on Mon Oct 17, 2016 3:54 am

bestia.nera


Arresto Mayor
and that preventive suspension is not even in our employees handbook.ang nakakatuwa pa deniactivate nila yung leave policy on the day na nagdispute ako,I also have the screen shots na sinend ng manager ko.

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8 Re: preventive suspension on Mon Oct 17, 2016 4:02 am

bestia.nera


Arresto Mayor
Art. 279. Security of tenure. In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement. (As amended by Section 34, Republic Act No. 6715, March 21, 1989)



kasama leave credits dito sir diba?nasa contract din kasi namin

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9 Re: preventive suspension on Mon Oct 17, 2016 8:13 am

lukekyle


Reclusion Perpetua
please stop using the term preventive suspension. Yung suspension mo was not preventive. para lang hindi kami malito.

Sa issue ng leave credits. Hindi ko parin na gets yung point mo. Please be specific. Anong dates ang involved. How many days credit are you asking for? What date ka ba na suspend? What date ka pumasok ulit? Ano ang specific term sa contract nyo?

Yung article 279 na ni cite are for cases of illegal dismissal.

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10 Re: preventive suspension on Mon Oct 17, 2016 8:51 am

bestia.nera


Arresto Mayor
in a month kasi may binibigay na 20hrs na leave credits.yun yung nakalagay sa contract namin.nasuspend ako january6 to feb 4.preventive suspension kasi ang nakalagay sa memo at cite article 282.gross habitual neglect

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11 Re: preventive suspension on Mon Oct 17, 2016 9:01 am

lukekyle


Reclusion Perpetua
Sa issue ng leaves, ang mandatory lang ay 5 days service incentive leave every year, after an employee has been employed for more than 1 year.
1. So if less than 1 year employed walang leave credits.
2. The employer will be the one to approve or disapprove when the leave can be availed. (medyo madaya since the employer can disapprove everyday).
3. leaves are cumulative, meaning if hindi ginamit, ito ay maiipon. Unused leaves are convertible to cash when the employee departs from the company.
4. Kahit due to resignation or terminated for whatever cause you are entitled to the cash equivalent of your unused leaves. Hindi ito nag expire pag hindi ginamit.
5. What we are talking about is the 5 day Service incentive leaves. Anything beyond 5 days is subject to the company policy.
6. Anything extra (beyond 5 days) cannot be subject of court litigation. ((c) The grant of benefit in excess of that provided herein shall not be made a subject of arbitration or any court or administrative action.)

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12 Re: preventive suspension on Mon Oct 17, 2016 9:03 am

lukekyle


Reclusion Perpetua
So hindi ka pumasok from jan 6 to feb 4?

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13 Re: preventive suspension on Mon Oct 17, 2016 11:38 pm

bestia.nera


Arresto Mayor
yes po kasi suspended ako for having low q.a. score.some of us got a score lower than that pero ako lang ang nasuspend

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14 Re: preventive suspension on Tue Oct 18, 2016 12:23 am

HrDude


Reclusion Perpetua
bestia.nera wrote:and that preventive suspension is not even in our employees handbook.ang nakakatuwa pa deniactivate nila yung leave policy on the day na nagdispute ako,I also have the screen shots na sinend ng manager ko.

Preventive Suspension need not be included in any company handbook or code of conduct. It is a preventive measure given by no less than the Labor Code for a company to protect itself.

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15 Re: preventive suspension on Tue Oct 18, 2016 12:32 am

bestia.nera


Arresto Mayor
I wish I can see that on our company policy,specially the quote that your gonna be suspended if you have low q.a. score but there is none in our handbook

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16 Re: preventive suspension on Tue Oct 18, 2016 4:21 am

council


Reclusion Perpetua
bestia.nera wrote:I wish I can see that on our company policy,specially the quote that your gonna be suspended if you have low q.a. score but there is none in our handbook

have you been given verbal/written warnings in the past because of your low QA score?

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17 Re: preventive suspension on Tue Oct 18, 2016 5:18 am

bestia.nera


Arresto Mayor
wala sir zero,and my manager confessed through his sworn affidavit that he receives an instruction from the vp to make my life miserable,kasi nag complaint ako sa dole.

anong weight nung sworn affidavit ng manager ko?
hes out of the company na ngayon

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18 Re: preventive suspension Today at 10:22 pm

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