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PREVENTIVE SUSPENSION

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1 PREVENTIVE SUSPENSION on Wed Jul 12, 2017 10:55 am

miyasunshin


Arresto Menor
Good day!

I was put on preventive suspension for insubordination, deliberately restricts output, habitual negligence of duties without proof all the grounds were due to my superior's negligence which were blamed to me. I was asked to write an explanation letter. It must be submitted within 5 days so I did submit one. Accdg to the HR I was suspended for 5 days. However, she gave me a memo stating that i'd be suspended for 30 days. I clarified to her if I should be reporting to the office after 5 days but she did not respond. I was removed from the groups of our office and the admin page as welll during the 5 days given for me to submit an explanation letter. Does this mean I'm already terminated without due process? What complaints can I file against them? Can they hold my salary for this cut off? Thank you so much. I hope to hear your feedback so that I know what my next step would be.

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2 Re: PREVENTIVE SUSPENSION on Wed Jul 12, 2017 11:10 am

lukekyle


Reclusion Perpetua
No, if they gave you memo stating that you were placed on preventive suspension then you were not terminated unless they tell you otherwise. If within 30 days you do not hear from them then go to work after the 30 days are over and proceed from there. No, your salary should not be put on hold unless the issues involve money or property.

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3 Re: PREVENTIVE SUSPENSION on Wed Jul 12, 2017 11:38 am

miyasunshin


Arresto Menor
Can I file any complaints regarding this? Thanks!

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4 Re: PREVENTIVE SUSPENSION on Wed Jul 12, 2017 11:49 am

HrDude


Reclusion Perpetua
If you file a complaint, what is/are your basis/es? Because you were placed under preventive suspension?

A preventive suspension is a preventive measure given to the employer, by no less than the Labor Code, to protect itself. Read the memo that you receive. If you were preventively suspended, there is a presumption that your management has legal basis to do so.

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5 Re: PREVENTIVE SUSPENSION on Wed Jul 12, 2017 11:58 am

miyasunshin


Arresto Menor
Are their basis for my suspension even without proof valid? Thank you for answering my questions.

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6 Re: PREVENTIVE SUSPENSION on Wed Jul 12, 2017 12:07 pm

HrDude


Reclusion Perpetua
YES. Again, there is a presumption that the same is legal. You said it yourself, you were suspended because of "insubordination, deliberately restricts output, habitual neglect of duties". Of course, to give management the opportunity to investigate your case, they have to place you under preventive suspension.

Take the period to prepare your defense so you could protect yourself.

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