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when to impose suspension as administrative penalty to employee

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Arresto Menor

Would like to know when to impose suspension on employees as administrative penalty?

As of the moment the company has no established handbooks for their policy and guidelines, thru memorandum lang po. Ngayon may employee kami nag karoon na ng 3rd letter warnings for not following rules, gusto sana ng employer e suspend po sya, yung infraction nya ay hindi pagsuut ng socks insinde the company, kahit may mga warnings siya hindi parin siya nag soot ng socks until now. Paano po ba e impose ang suspension sa kanya base on employer prerogative na hindi din labag sa labor law?


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Arresto Mayor
You could state that he will be dismissed because of willful disobedience, but you will give him a lighter sanction to give him a chance. But take note, willful disobedience has its requisites:

1. The employee’s assailed conduct must have been willful or intentional, the willfulness being characterized by a wrongful and perverse attitude; and
2. The order violated must have been reasonable, lawful, made known to the employee and must pertain to the duties which he had been engaged to discharge.

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Arresto Menor
How long (maximum number of days) can a company impose suspension as an administrative penalty (not a preventive suspension)?

For preventive suspension, I read that it shall not exceed 30 days. How is 30 days defined? 1 month? or 30 working days (which could be one and a half month)?

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