ILLEGAL SUSPENSION

The penalty of suspension maybe imposed only for a just cause AND ONLY AFTER observance of due process of law.

hi! my company issued a preventive suspension effective feb 16 2013 to march 16 2013. i've been contacting my immediate supervisor since march 12 for follow up, he said that there's no decision yet with my case and i just have to standby. march 19, 2013, hr head called me for a 2nd admin hearing so i went to the office for the second hearing but when i asked them about my overdue suspen they just apologized. can this be a ground for illegal suspension already and what will i get from them if i file a case?

Legal Basis

The right of employer to impose preventive suspension is not found in the Labor Code itself.

The oft-cited legal basis for imposition of preventive suspension is Section 8 and Section 9 of Rule XXIII, Book V, of the Omnibus Rules Implementing the Labor Code, as amended by Department Order No. 9, Series of 1997, which read as follows:


Section 8. Preventive suspension. The employer may place the worker concerned under preventive suspension only if his continued employment poses a serious and imminent threat to the life or property of the employer or of his co-workers.

Section 9. Period of suspension. No preventive suspension shall last longer than thirty (30) days. 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. In such case, the worker shall not be bound to reimburse the amount paid to him during the extension if the employer decides, after completion of the hearing, to dismiss the worker.

Ask ko lang, ano threat mo sa office ? I suggest go to NLRC, bring all written suspension orders, talk to a lawyer.

gie, answered your other post

for illegal suspension, will you be paid for the days you were suspended if the decision on the case was made on your favor? also, when can we say that your continuous employment threatens the life of you co-employees, employer, or property of the company?

numero, yes on first.

it depends, on your second question.

what if they exonerate me and i'll file an immediate resignation effective that day? will it be okay or do i really need to render the 30 days? bec i really dont want to go back to that company as our relationship has been strained already. i feel that they did lots of violations that i cant bear to work for them anymore.

imo, you should still render the 30 day notice

IMO kung wala kang kasalanan talaga, file a resignation, tama ka strained na ang relationship ninyo. Kung kakasuhan mo sa NLRC, it will bring back your dignity. Choose..

hi po! hingi din po ng advise. I was issued also by my company a 30 day preventive suspension. The case was according po sa inventory nila may nawawala daw po stocks sa possesion ko. Then, when I conducted my own inventory wala naman po nawawala..marami po kasi silang na overlooked na paperworks kaya po kulang inventory nila. After two days, may bumaba na po na memo ng suspension ko..and kinabukasan na kaagad ung simula..ask ko lang po. do you think that I pose a threat sa property or life ng employer ko. Wala naman po ako case ng violence sa labas o sa loob ng opisina namen. Should I file a case sa nlrc for illegal suspension?

Di pinaniwlaan ng employer mo ang imbentaryo mo ? Ano Sabi ng immediate supervisor mo ? May HR office ba kayo ? Seems suspension kaagad without an investigation ? Ano findings ? Dapat meron nun .... Kung di makuha sa magandang pakiusap ang supervisor mo ..Isama mno siya sa complaint mo sa NLRC.Aside sa employer/ HR ninyo..

[quote="leojoero"]hi po! hingi din po ng advise. I was issued also by my company a 30 day preventive suspension. The case was according po sa inventory nila may nawawala daw po stocks sa possesion ko. Then, when I conducted my own inventory wala naman po nawawala..marami po kasi silang na overlooked na paperworks kaya po kulang inventory nila. After two days, may bumaba na po na memo ng suspension ko..and kinabukasan na kaagad ung simula..ask ko lang po. do you think that I pose a threat sa property or life ng employer ko. Wala naman po ako case ng violence sa labas o sa loob ng opisina namen. Should I file a case sa nlrc for illegal suspension?[/quote]

seems hindi ka dumaan sa tamang proseso..di ka manlang nila binigyan ng pagkakataong magpaliwanag.

prepare your written explanation and your evidences that there is no missing inventory. you will be paid if it is proven that the suspension was not warranted.