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Is punitive and preventive suspension the same in the sense that the suspended employee after suspension returns to the job or its level?

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xhande missie


Arresto Menor
Good day Iam a private school teacher where in i reprimanded my student who was shouting inside the room and when she made faces on me I was able to say if you can do that to your parents not to me at masapak kita...Then after that as per the principal the student's parent went to school but I was not there. Then she just ask me to submit a written explanation to the guidance counselor. After such I got a notice that Iam suspended for 3 days and is no longer allowed to teach in SHS and the charge was misconduct. My questions are:
1. Was there a due process when my side was not heard according to their record separate investigation was done to avoid bigger conflict.
2. If a school has no employees manual is it valid that they can decide of the suspension?
3. I was not also given a chance to defend myself since i was not even informed of the charges against me they only rellied on the written explanation.
4. Is preventive and punitive suspension the same in the sense that the employee suspended after suspension should be back to the job or its level?
Thank you. Hope you can help me.

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lukekyle


Reclusion Perpetua
1. yes. the fact na they asked you to explain is enough
2. yes valid kahit walang manual
3. how did they ask you to explain?
4. no dif yang dalawa

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xhande missie


Arresto Menor
the principal only asked me to write a written explanation and thats where they based my side.In what way are they different?does it mean in punitive suspension you will still go back to your job after being suspended? in my case it was not written if its punitive or preventive and also it was only misconduct alone that was on the suspension letter.

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lukekyle


Reclusion Perpetua
punitive means parusa. preventive is more for the protection of the company. preventive is usually while you are under investigation while punitive is after the investigation.
yes pwede na ang wriitten, hindi kelangan na oral ang explanation

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xhande missie


Arresto Menor
Hindi po kasi nka spicify if preventive or punitive suspension. Pero pwede pa din po ba if halimbawa punitive after suspension dapat po ba balik sa work ung employee or tama po un na tinanggal na po lahat ng subjects.salamat

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lukekyle


Reclusion Perpetua
pwede either way

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xhande missie


Arresto Menor
another question how to file a claim for constructive dismissal?where to file?do i nid to resign first befire i can file for this?tnx

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lukekyle


Reclusion Perpetua
Go to nlrc. Tell them you want to file for constructive dismissal, they will help you thru the process

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