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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » Preventive suspension for 30 days then asked by the company to have a clearance...

Preventive suspension for 30 days then asked by the company to have a clearance...

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grapebook25


Arresto Menor

I was under 30 days preventive suspension then during the preventive suspension (due to company's policy violation)the company asked to process my clearance. So, I've processed my clearance and all of them (departments) affix their signature but I'm wondering on my clearance form as there's no indicated reason, so I just put resigned. With this scenario, can I still get my 13 month, SL convertion, tax refund? By the way, I've been with the compnay for 4 years and 4 months.

Patok


Reclusion Perpetua

you shouldn't have put resign, they can't terminate you without due process, preventive suspension is not due process.

3Preventive suspension for 30 days then asked by the company to have a clearance... Empty Preventive suspension Fri Dec 14, 2012 9:13 am

grapebook25


Arresto Menor

You maybe right but I'm thinking at that moment that the preventive suspension will result for termination as they have already conducted a admin hearing. So, I thought that by submitting myself for clearance then I would be able to get my 13th month, SL conversion, and tax refund as I was resigned in Oct., 31, 2012.

shad_marasigan


Reclusion Perpetua

kung ako sa iyo, just to be practical, cooperate with them. nasa 201 file mo yan baka ma black list ka pa, at eto pa, may mga company lalo na sa IT industry na nagpapalitan ng 201 file. secret daw un Smile

Pedro Parkero

Pedro Parkero
Reclusion Perpetua

dapat pa din may two notice rule...kahit may sapat na basehan ang pagtangal sau, dapt pa din bigyan ka ng notice (first notice) na e explain kung ang diumanoy iyong pagkakamali at isang notice (2nd notice) sa naging desisyon ng kumpanya base na din sa mga ebedensya kasama na ang iyong naging paliwanag....

pero kang humingi ng danyos perwisyo, kung ang karapatan mong ito ay nilabag ng kumpanya.

ano ba ang ginawa mo? baka din dapat maging praktikal ka kesa legal, sabi ni shad.

grapebook25


Arresto Menor

Policy violation lng nmn which is not criminal in nature. I just hope na ibigay nila ung mga benifits ko, kz kung pagbabasihan ung sa warnings there should be a NTE kaso ang ginawa on the spot na investigation from the client without even giving me the reason why I was there. Nalaman ko na lng after na un na pala ay interrogation.

attyLLL


moderator

grape, when i was still working for a firm, it was my opinion, that the company can and should do an investigation before sending an NTE. employees are not required to be given warning that they are under investigation.

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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » Preventive suspension for 30 days then asked by the company to have a clearance...

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