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PREVENTIVE SUSPENSION

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1 PREVENTIVE SUSPENSION on Tue Aug 08, 2017 10:43 am

BINGCASYAO


Arresto Menor
HI PO.. ITATANONG KO LANG KUNG ANO YUNG PWEDENG GAWIN: PLS REFER ON THE SCENARION BELOW:

MAY ISA KAMING EMPLOYEE 2MOS PA LANG SIYA AS ACCOUNTS PAYABLES. UMABSENT PO SIYA 1 DAY WITHOUT INFORMING HER SUPERVISOR AND HR DEPT. NOON PUMASOK PO SIYA HER SUPERVISOR ASKED HER "BAKIT HINDI KA PUMASOK KAHAPON HINDI KA RIN NAGRESPONSE SA TEXT NG HR?" THE SAID EMPLOYEE REPLIED "EH TINATAMAD NA AKO MAM EH"

THE SUPERVISOR COMPLAIN TO HR DEPT KASI PARANG THE EMPLOYEE SHOWS DISRESTPECTFUL. ON THAT DAY, THE HR DEPT SERVED A NOTICE TO EXPLAIN AND PREVENTIVE SUSPENSION TO EMPLOYEE.

TAMA PO BA YUNG PROCESS NA GINAWA NG HR DEPT. KUNG MALI, ANO PO BA ANG DAPAT GAWIN? SINCE THE EMPLOYEE FILED A COMPLAINT TO NLRC.

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2 Re: PREVENTIVE SUSPENSION on Tue Aug 08, 2017 1:12 pm

lukekyle


Reclusion Perpetua
medyo mali unless you can provide a reason why may preventive suspension bec of the unauthorized absence. preventive suspension is to protect the employer or his property.

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3 Re: PREVENTIVE SUSPENSION on Tue Aug 08, 2017 2:14 pm

JACEEVAN


Arresto Menor
Good afternoon. In connection to this topic, we have a Night Duty Officer, he is in charge of the facility at night acting as a Supervisor also, he was caught in the camera using company property (i.e. washing machine) and seems to be washing personal items. We only allow usage of this company property for official usage and not to be used by the employee. I am about to issue a written notice to the employee, will it be safe to place him in preventive suspension considering that he is the only person in charge during night time and he might be doing something to retaliate the memorandum in the form of doing damages to company property.

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4 Re: PREVENTIVE SUSPENSION on Tue Aug 08, 2017 2:17 pm

lukekyle


Reclusion Perpetua
yes preventive suspension would be the normal course for someone in charge of property

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5 Re: PREVENTIVE SUSPENSION on Tue Aug 08, 2017 2:24 pm

JACEEVAN


Arresto Menor
Can this also be grounds for dismissal? Will this fall under "Willful disobedience of employer’s lawful orders connected with work;"

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6 Re: PREVENTIVE SUSPENSION on Tue Aug 08, 2017 2:27 pm

lukekyle


Reclusion Perpetua
it can. although you should weigh din his position/tenure vs the infraction. but definitely this is grounds for sanctions

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7 Re: PREVENTIVE SUSPENSION on Tue Aug 08, 2017 2:34 pm

JACEEVAN


Arresto Menor
So we have to weigh the mitigating and aggravating circumstances, but as per communication with one of our previous GM, she said that his attention was called verbally and he acknowledge this thru email by saying "sorry" (although i do not have a copy of the email) but still, he continues to do the same offense. He is not setting a good example to the subordinates.

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8 Re: PREVENTIVE SUSPENSION on Tue Aug 08, 2017 2:39 pm

BINGCASYAO


Arresto Menor
lukekyle wrote:medyo mali unless you can provide a reason why may preventive suspension bec of the unauthorized absence. preventive suspension is to protect the employer or his property.  


GANUN PO BA? THE MGT DECIDED FOR PS SINCE MEDYO CONFIDENTIAL YUNG WORK NIYA, SIYA NAG HAHANDLE NG PAYABLES, CHEKE NG MGA SUPPLIERS.

TSAKA THE WAY SHE TALK TO HER VISOR MEDYO BASTOS NA KASI. SINISIGAWAN NIYA KASI YUNG VISOR AT SINABING, "TINATAMAD NA AKONG PUMASOK" AT HINIHINTAY NIYA NA LANG DAW ANG KANYANG SWELDO. KAYA PO PALA AYAW MAGRESIGNED KC MAY POSSIBILITIES NA PAGKAKUHA NG LAST PAY HINDI NA PO SIYA PAPASOK.

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9 Re: PREVENTIVE SUSPENSION on Tue Aug 08, 2017 3:20 pm

lukekyle


Reclusion Perpetua
yes pero anong connection ng pag absent ng tao sa gamit/payables? You need some basis as to why you assume na may danger to the employer and his property

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10 Re: PREVENTIVE SUSPENSION on Wed Aug 09, 2017 12:23 pm

HrDude


Reclusion Perpetua
JACEEVAN wrote:Good afternoon. In connection to this topic, we have a Night Duty Officer, he is in charge of the facility at night acting as a Supervisor also, he was caught in the camera using company property (i.e. washing machine) and seems to be washing personal items. We only allow usage of this company property for official usage and not to be used by the employee. I am about to issue a written notice to the employee, will it be safe to place him in preventive suspension considering that he is the only person in charge during night time and he might be doing something to retaliate the memorandum in the form of doing damages to company property.

"will it be safe to place him in preventive suspension considering that he is the only person in charge during night time and he might be doing something to retaliate the memorandum in the form of doing damages to company property."

In my Opinion, PS is not warranted in this case. You stated retaliation? You are SPECULATING. You don't even have a single factual basis of 'retaliation' from the employee.

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11 Re: PREVENTIVE SUSPENSION on Wed Aug 09, 2017 1:21 pm

JACEEVAN


Arresto Menor
Yes, no basis of retaliation but we would just want to protect the interest of the company. Doesn;t it fall in this reasoning? “Preventive suspension is a disciplinary measure for the protection of the company’s property pending investigation of any alleged malfeasance or misfeasance committed by the employee. 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."

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12 Re: PREVENTIVE SUSPENSION on Wed Aug 09, 2017 1:49 pm

alpha1

avatar
Arresto Menor
he was caught in the camera using company property (i.e. washing machine) and seems to be washing personal items. We only allow usage of this company property for official usage and not to be used by the employee. = nasa rules and regulation nyo ba ito?

firm po ang sagot ni HRDUDE, malayong PS ang ipapataw ninyo kay employee.

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13 Re: PREVENTIVE SUSPENSION on Wed Aug 09, 2017 2:15 pm

JACEEVAN


Arresto Menor
he was caught in the camera using company property (i.e. washing machine) and seems to be washing personal items. We only allow usage of this company property for official usage and not to be used by the employee. = nasa rules and regulation nyo ba ito?

firm po ang sagot ni HRDUDE, malayong PS ang ipapataw ninyo kay employee. - yes this is in our COC, he was also verbally reprimanded by previous head about this but it seems he never stopped.

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14 Re: PREVENTIVE SUSPENSION on Wed Aug 09, 2017 2:39 pm

alpha1

avatar
Arresto Menor
kindly apply kung ano pong guidelines regarding sa infractions na nagawa ni employee. magpadala/magbigay po muna kayo ng wrtitten notice. medyo "harsh" kung PS and ipapataw nyo kay employee.

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15 Re: PREVENTIVE SUSPENSION on Wed Aug 09, 2017 2:51 pm

JACEEVAN


Arresto Menor
Yes po, we would comply with the written notice. He is the night officer, he is holding a position of trust. there would be no one else to supervise him during graveyard. Doesn't this constitute "imminent threat to the life or property of the employer."?

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16 Re: PREVENTIVE SUSPENSION on Thu Aug 10, 2017 6:58 am

HrDude


Reclusion Perpetua
JACEEVAN wrote:Yes po, we would comply with the written notice. He is the night officer, he is holding a position of trust. there would be no one else to supervise him during graveyard. Doesn't this constitute "imminent threat to the life or property of the employer."?

Holding a position of trust? Your reasoning is misplaced my friend.

Imminent threat MUST be actual threat. Again you are speculating.

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17 Re: PREVENTIVE SUSPENSION on Thu Aug 10, 2017 7:06 am

HrDude


Reclusion Perpetua
JACEEVAN wrote:Yes, no basis of retaliation but we would just want to protect the interest of the company. Doesn;t it fall in this reasoning? “Preventive suspension is a disciplinary measure for the protection of the company’s property pending investigation of any alleged malfeasance or misfeasance committed by the employee. 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."

Your logic is misplaced. "serious and imminent threat" ay hindi HAKA HAKA lang. Look at your how you explain the situation.

You stated that he was using the washing machine for his personal use. How that that be a THREAT? What is the difference when a guard will use a washing machine and a Manager?

You also stated 'retaliation'. How? Dadamihan niya lalo yung lalabahan niya?

Again, you are speculating.

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18 Re: PREVENTIVE SUSPENSION on Thu Aug 10, 2017 7:52 am

river03


Arresto Mayor
Jaceevan, mukhang galit na galit ka kay employee, kase gusto mo agad bigyan ng PS.



Thanks HRDUDE sa pagpapaliwanag.

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19 Re: PREVENTIVE SUSPENSION on Thu Aug 10, 2017 3:13 pm

JACEEVAN


Arresto Menor
Don't get me wrong, i have nothing against the employee but it is more on his actions.

Thank you very much on your advise. So we will just wait until what happens before we act on it?

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20 Re: PREVENTIVE SUSPENSION on Thu Aug 10, 2017 3:31 pm

lukekyle


Reclusion Perpetua
preventive suspension kasi is more about protecting the company and its assets while investigation is ongoing. If big deal talaga sa inyo yung nangyari, why not go thru the normal procedure? Issue a NTE, have him explain his side, then if you find his explanation wanting you may issue sanctions according to company policy. Pwede din i-suspend if that is what your rules state. sa ganun if he repeats this again, you may impose harsher penalties which can lead to termination if this becomes a habit

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21 Re: PREVENTIVE SUSPENSION on Thu Aug 10, 2017 3:43 pm

JACEEVAN


Arresto Menor
Thank you lukekyle.

I will be issuing NTE, what is bothering me is the implementation of the PS because of the position he is holding in the company.

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22 Re: PREVENTIVE SUSPENSION on Thu Aug 10, 2017 3:52 pm

lukekyle


Reclusion Perpetua
Actually for me because of his position, i would tend to agree that a PS is warranted. Instead of misuse of company property, breach of trust ang magiging issue. If you really want to be conservative next option would be PAID PS while the most conservative approach is to assign him to day shift under another supervisor while the investigation is ongoing.

Pero make sure lang na personal feelings are not involved, things could get ugly if they are

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23 Re: PREVENTIVE SUSPENSION on Thu Aug 10, 2017 4:11 pm

river03


Arresto Mayor
sir luke, interested po akong malaman sa ganitong klaseng case. Ibig sabihin po ba if si employee ay "holding a position of trust" Preventive suspension na po ba agad ang ipapataw?

thanks.

to jaceevan, I don't mean to offend you sa post Jaceevan, mukhang galit na galit ka kay employee, kase gusto mo agad bigyan ng PS. opinion ko lang iyun.

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24 Re: PREVENTIVE SUSPENSION on Thu Aug 10, 2017 4:17 pm

JACEEVAN


Arresto Menor
Non taken @river03

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25 Re: PREVENTIVE SUSPENSION on Thu Aug 10, 2017 4:22 pm

lukekyle


Reclusion Perpetua
no depends on the infraction. if absenteeism ang problem, parang ironic naman na ni PS sya diba?

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