I also have a friend who had been subjected to preventive suspension due to collection manipulation that occurred in the operations (selling). The processes that had been undertaken was a short interview (say 20-30min interview), asking for his job functions, and if there were any written memorandums for the operating processes. Then, say after 2hours, the Preventive Suspension memo was served to him. (thinking that the interview was only made as dummy investigation) but my friend refused to sign because he cant take the fact that he was accused of anything he doesn't know.
During the serving of Preventive Suspension memo, the present company lawyer told him that;
1. he will be receiving any salaries during the period of suspension,
2. he shall be refunded of the salaries and benefits after the end of period of suspension,
At the end of the suspension period, he asked for the refund of his salaries and benefits. but the corporate HR took a while to respond. it took them 3months to respond.
Response as noted were as follows;
We have sought for Corporate Legal's position on your case. Please see below.
"The employer (xxxx GROUP) 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 (Rule XIV, Sec. 3 OR). This rule gives the only valid ground for preventive suspension, namely if the continued employment of the worker poses a serious and imminent threat to the life or property of the employer or of his co-workers. The employee placed under preventive suspension is not entitled to payment of wages. Preventive suspension does not prejudge the employee's guilt, but is necessary for the protection of the company, its operations and assets pending investigation of the alleged malfeasance of the employee. (Soriano vs. NLRC, 155 SCRA 124)."
Considering that you are a manager, holding a key position in the organization and generally have the duties and responsibilities to manage the operational and fiscal activities of the department to include: staffing levels, budgets, and financial goals, and plan and develop systems and procedures to improve the operating quality and efficiency of the department, the preventive suspension is legal. With these duties and responsibilities as an Accounting Manager, you have control of company’s operations and properties.
Preventive suspension should not last longer than 30 days which on your part were made to report on the 31st day. The employer shall thereafter reinstate the worker in his former or in a substantially equivalent position or the employer may extend the period of suspension provided that during the period of extension, he pays the wages and other benefits due to the worker. We took the action of reinstatement.
However, wages may be paid to the employee during the preventive suspension for humanitarian reasons as this is a management prerogative.Taking the Management prerogative in its pure context, in your case, the Management decided that your salary during your preventive suspension will not be reimbursed.
xxx, we hope that we have enlightened you and have finally given closure to this matter. We have learned our lessons with regard to this case and find reason to believe that whatever emotional/physical stress we have caused you during this time was made with careful consideration and has undergone due process for the finalization of such. Thank you xxxx.
Investigation report revealed that my friend had nothing to do with the collection manipulation made by the selling personnel and cashiers. In which, majority of the accused selling personnel and cashiers stated that he has no direct involvement on the case itself.
They identified him as manager in time of this suspension, but as position and benefit issues, they only consider him as supervisor.
With the above i would like to seek opinion on this matter.