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what is the RIGHT process on handling preventive suspension (call center company)?

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abram


Arresto Menor
hi i'm a call center employee,
i was recently under preventive suspension for 10 unpaid days.
i was wondering if there is a legal process on preventive suspension,
because i was suspended immediately after the incident (call avoidance).
my co-worker, who was also caught doing the same thing (call avoidance) was said to be suspended but told to wait for the hearing while (in my case) i was already suspended for 5 days before my hearing. this is kind of unfair as i wasn't paid while waiting for my hearing (knowing this is legal) while my other co-worker is still paid and still working while waiting for the hearing.
now what is the right way? to be suspended right away? or to wait for the decision? this got me and some of my co-workers confused...
is there a different law for call center companies? if there are i would really want to read it just so i know my rights aren't violated...
if any one of you could provide me a good website, web pages just so i could check.

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attyLLL


moderator
preventive suspension is a protective measure for the employer. it is their discretion whether they will exercise this right if there is a clear danger to its property or employees. if the offense is proven, the period of suspension will not be paid for and be considered part of the sanction.


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abram


Arresto Menor
attyLLL wrote:preventive suspension is a protective measure for the employer. it is their discretion whether they will exercise this right if there is a clear danger to its property or employees. if the offense is proven, the period of suspension will not be paid for and be considered part of the sanction.


ok so you're saying there is no "RIGHT" way of dealing with it.
exhibit A and B having the same offense except that; exhibit A was suspended on that same day the offense was made and made to wait 5 days for the hearing and another 5 days to wait for the decision and then given the return-to-work order.
exhibit B already made the offense, but wasn't suspended immediately but told to wait for the hearing.

what i don't understand is that the company is not being consistent with how they deal with it... and if there is a consistent way of doing it, is it in the labor code?

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attyLLL


moderator
no, there is no specific procedure stated in the labor code. i recommend that you forget about the other guy. you served your punishment; move on.


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[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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abram


Arresto Menor
oh ok,
but i do still wish there was a consistent way of doing it. both of us made the same offense. it's just not fair.
well at least i attended the hearing and won the case and got reinstated.
anyway, that's the only issue i'm having.
so i'll take your advise and move on. thank you very much, that enlightened me. Smile

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