Trends of employers to pose a Preventive Suspension w/o knowing employees' THREAT

Dear Atty,

My heart aches to see in these forums of certain employers to issue a preventive suspension without knowing its contexts/ definition . They put such abuse of issuing such order for an employee to resign . That's my impression. I for one is a victim, eventually, i won at NLRC.

If these few employers knew that a company's gresatest asset is their people, and company's growth is in their minds, i don't think success for the company would be hard.

Sana marealize ito, at lalo na ang mga so called HRD people.

Hi there inabusongmedrep. I'm one of those unlucky employees who had been issued a preventive suspension due to not hitting the metrics. I was not given any coaching logs whatsoever, preventive suspension agad and indefinite pa. I am planning to go to nlrc nxt week. May God bless me.

Paktay sila. Walng coaching logs, wala kayong pirmahan? Ano threat mo ? Up t0 30 days lang ang preventive suspension? Did they follow the twin memo requirement ?

Please read below .....

Suspension of an employee may either be 1) imposed as an administrative penalty for infractions committed or 2) preventive suspension pending investigation of an employee.

If we are dealing with the second kind (preventive suspension pending investigation), the following conditions must be met:
a. The employer 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.
b. The preventive suspension shall NOT last longer than thirty (30) days.

It must be emphasized that if the employer wishes to extend the period of suspension, he must, during the period of extension, pay 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.

Update mo ako ha...

Goodluck. Basta handa ka sa dokumentos, for sure, me abogado ang kumpanya mo, once nakapag file ka na sa NLRC, ihanda mo na ang kalooban mo. At huwag pirma ng pirma ..

Hello and thank u for replying. Here's what happened. Pg pasok ko last tue, i was not allowed to log in. Then one of the managers asked me to sign an nte due to not hitting our goals and the coverage was for the past two weeks. I dnt remember signing anything regarding this matter, i was expecting to receive atleast a final written memo but to my surprise, preventive suspension agad. Wala akong makausap na matino sa ofc incldg our hr na dapat open door policy. I told them and i also included on my nte wc i submitted within 24 hrs fr d day i rcvd and signed it na kako as per article 8 ng labor code law, bnibgay lang ang preventive suspension if an employee presents imminent threat to the company or its employee. Sbe ni hr manager, i should nt tke literally daw kc profitability wise daw, i could stl be a threat to the company. Btw can nlrc provide a lawyer for me? Wla pa po akong enough na money to pay for atty's fees.

Hello and thank u for replying. Here's what happened. Pg pasok ko last tue, i was not allowed to log in. Then one of the managers asked me to sign an nte due to not hitting our goals and the coverage was for the past two weeks. I dnt remember signing anything regarding this matter, i was expecting to receive atleast a final written memo but to my surprise, preventive suspension agad. Wala akong makausap na matino sa ofc incldg our hr na dapat open door policy. I told them and i also included on my nte wc i submitted within 24 hrs fr d day i rcvd and signed it na kako as per article 8 ng labor code law, bnibgay lang ang preventive suspension if an employee presents imminent threat to the company or its employee. Sbe ni hr manager, i should nt tke literally daw kc profitability wise daw, i could stl be a threat to the company. Btw can nlrc provide a lawyer for me? Wla pa po akong enough na money to pay for atty's fees.

Hello and thank u for replying. Here's what happened. Pg pasok ko last tue, i was not allowed to log in. Then one of the managers asked me to sign an nte due to not hitting our goals and the coverage was for the past two weeks. I dnt remember signing anything regarding this matter, i was expecting to receive atleast a final written memo but to my surprise, preventive suspension agad. Wala akong makausap na matino sa ofc incldg our hr na dapat open door policy. I told them and i also included on my nte wc i submitted within 24 hrs fr d day i rcvd and signed it na kako as per article 8 ng labor code law, bnibgay lang ang preventive suspension if an employee presents imminent threat to the company or its employee. Sbe ni hr manager, i should nt tke literally daw kc profitability wise daw, i could stl be a threat to the company. Btw can nlrc provide a lawyer for me? Wla pa po akong enough na money to pay for atty's fees.

Naku sorry flooding msgs ko..

PAO ..Di kailangan magbayad ...sa NLRC buiulding din.. sa grounbd floor. Ang benta di threat .. Di naiintindihan ng HR ninyo ano threat mo sa company? Ganyan din ginawa sa akin, bagsak daw benta ako, kaya preventive suspension, ng mag file ako ng reply letter, ayun, nag imbento na ng ikakaso sa akin, dismissed naman ng korte, di daw kapani paniwala. Kaya double whammy sila. Kiunasuhan ko sa NLRC, pantabla nila, kinasuhan ako sa korte ng Manila Regional Trial Court. Akla nila, iaatras ko, sorry. Kahit hanggang supreme court. Tanggal sa trabaho ang HR, nagresign ang immediate superior ko. Nasa akin lahat ng papel.

May two notice letter yan na susundin, dapat isaad nila sa letter bakit ka nilagay sa preventive suspension. Ano rules na violate mo according sa employees manual. Since nagbigay ka ng NTE, sasagutin nila yan, if i were you, before ka sumagot sa sulat nila, consult a lawyer first. Wag basta basta, bigay ng sulat, gagamitin yang mga sagot mo laban sa iyo.

Dun palang sa preventive suspension, sablay na HR ninyo. Tibayan mo loob mo, saka wag text ang sulat mo, hirap ako intindihin..

Thank u for your reply. May admin hearing kami mamyang gabi, sinabay pa sa shift namen. I will take ur advise. Nakakasama talaga ng loob, sana manalo ako. Btw, pinapalakas mo loob ko. I will go to pao din next week. Thankyou tlga

Take notes sa hearing ninyo, if maaari, yung cellphone mo, may recording capabilities yan, paaalam mo na i rerecord mo ang pinag usapan. At sa huli ng usapan, yung pinag usapan ninyo, papirma mo sa HR mo, para klaro ang usapan, for sure, tatangalin ka niyan, umalis ka man, di nila magagago ang empleyado. Lahat ng ibato akusasyn sa iyo, wag sagot ng sagot. Tell them, will consult your lawyer, kahit wala pa. Kasi tendency niyan, naka fix na sa mind ng HR na alisin ka, gagawat gagawa yan ng ikakabautas mo, na mangagaling sa isasagot mo. Kaya " will consult your lawyer", sa pagkakaalam ko, may isang more than a week ka na para sagutin ang akusasyon sa iyo. Kaya mag mo madaliin, or else madaliin din ang alisin ka. Payong kaibigan, ngayon palang maghanap hanap ka na. Di aasal ng ganyan ang HR ninyo if walang basbas ng taas.

i went there pero wala daw si hr manager, may emergency daw. walang ibang humarap saken kundi yung isang hr staff, then kinausap na lang ako ng hr mngr over the phone. accdg to him, pwede na daw ako bumalik pero pag bumalik daw ako, baka mahirapan daw ako sa operations. hindi detalyado yung pagkakasabe yun lang tlga. then pinag dedecide ako asap kung magreresign ako or not. kako, let me think about it first. ang gulo. xempre pag nag resign naman ako, wala na kong laban. pag bumalik naman ako, I will no longer feel comfortable working with them esp our Ops Manager and Immediate Sup ko na hindi na ko pinapansin.

Me laban ka.

Tawag dun sa ginagawa nila, "FORCE RESIGNATION", bayaan mo, you have two things dito, dapat they should into writing lahat ng sabihin nila, remember , ang resignation, kusang loob binibigay. Bawal yan. File a case at NLRC, know your rights, expected yan na di ka pansinin, kasi sabit din supervisor mo, " PAGKAKAMALI NG ISANG ISANG IMMEDIATE SUPERVISOR" ANG DI i guide ang subordinate niya. Para ano pa ang ibig sabihin ng word na "supervisor"...continue to work, loggin/ logout sa traabho. Sila ang pasakitin mo ang ulo, di ikaw.

The company should give you a chance to explain your side. And they should follow a TWIN MEMO rule. Dito malimit " TERMINATION" letter ang ibibigay sa iyo, stating ano rason why thye company is severing your employment. Mas maganda yan, patong patong ang kaso ng boss mo, "ILLEGAL/ CONSTRUCTIVE DISMISSAL' AT " ILLEGAL TERMINATION. JUST go no NLRC, wag mo sila iinform, mismo NLRC ang magdadala ng sulat sa kumpanya mo, from the HR manager- supervisor-OPS manager pati president ng kumpanya bigyan mo.

" Dismissal of an Employee in the Philippines "

An equality of rights exists between employer and employee. While the employer cannot force the employee to work against his or her will, neither can the employee compel the employer to continue giving him or her work if there is a lawful reason not to do so. Thus, the employer may terminate the services of an employee for just or authorized causes after following the procedure laid down by law, but the employer has the burden of proving the lawfulness of the employee's dismissal in the proper forum.

Just causes are blameworthy acts on the part of the employee such as serious misconduct, willful disobedience, gross and habitual neglect of duties, fraud or willful breach of trust, commission of a crime and other analogous causes (art. 282, Labor Code).

Ang di pag hit ng QUOTA, di grounds for preventive suspension/ termination.

Authorized causes are of two types - business reasons and disease. The business reasons are installation of labor-saving devices, redundancy, retrenchment and closure or cessation of operation (art. 283, Labor Code). Before the employer can terminate employment on the ground of disease, he must obtain from a competent public health authority a certification that the employee's disease is of such a nature and at such a stage that it can no longer be cured within a period of six months even with medical attention (art. 284, Labor Code; Implementing Rules of Book VI, Labor Code).


Or magresign ka. Para tapos na. Pagtalikod mo, tuwang tuwa sila, NAKAGAGO sila ng empleyado. May God guide you.

I was also in that situation din, na dahil sa inggit, at magkakaibigan pa kami, at kaibigan din ng pamilya ko ang superviusor ko, dito pa naghahapunan minsan , ginawan ako kuwento, malas niya, me papeles ako, me ebidensya ako. SIya at HR nagresign. Di ako. Sila nagbayad, di ako. Mas matalino ka, at yung decision/findings ng NLRC exacto sa lahat ng papeles, ebidensiya na pinasa ko sa kanila. PRO LABOR sila.

Dapat pala, during your admin hearing, andun din bisor mo, para i explain ang "grounds" kaya ka nilagay sa preventive suspension. Siya ang nag recommend nun, ang HR ang nag iimplement. Kung di siya umupo sa hearing, LOKOHAN na yan.

I have my own lawyer na and we will be having a hearing at NLRC next month. Wish me luck.

[quote="inabusong-medrep"]Me laban ka.

Tawag dun sa ginagawa nila, "FORCE RESIGNATION", bayaan mo, you have two things dito, dapat they should into writing lahat ng sabihin nila, remember , ang resignation, kusang loob binibigay. Bawal yan. File a case at NLRC, know your rights, expected yan na di ka pansinin, kasi sabit din supervisor mo, " PAGKAKAMALI NG ISANG ISANG IMMEDIATE SUPERVISOR" ANG DI i guide ang subordinate niya. Para ano pa ang ibig sabihin ng word na "supervisor"...continue to work, loggin/ logout sa traabho. Sila ang pasakitin mo ang ulo, di ikaw.

[/quote]

tama, nakaka inis lang yung mga head na imbes sila ang "mag-alaga" sa tao nila e sila pa ang nanglalaglag..masakit sa loob ng isang subordinate yun.

Balitaan mo kami ha...

@Vane and @inabusongmedrep, I have sent you PMs. tc

Hi! I have the same situation. I was suspended 4 days in total as a penalty for my 4 days absences, 3 of which was supposedly a medical/sick leave and the other absence was because my husband was sick. When I went back to report back for work, I gave all the med certs including my husband's to justify my absences. No NTE was given to me. After 4 days, I was given 3 NTEs; 1) for my 3 absences which was originally filed for medical leave 2) for my husband's sickness 3) for violation on company procedures and processes ( displaying uncontrolled behavior while on mute and on a call which happened on the 4th day after I went back to work, [I work in a BPO btw] ). The imposable penalties were 3-day suspension for my 3 day s absences, 1 day suspension for the behavior and termination for my 1 day absence due to my husband's sickness. I was given 5 days to explain in writing. Our Code of Conduct states that if the imposable penalty is suspension of more than 1 day and for termination cases, an admin hearing should be performed and it doesn't say that an explanation letter is a prerequisite to admin hearing. No admin hearing was done. I did not give any explanation letter as I was waiting for an admin hearing as well. On the 8th day from issuance of the NTEs, my supervisor went for a vacation leave thus delaying the due process I have been waiting. After 14 days 2 NODs were presented to me; 1) 3-day suspension for my 3 days absences and 2) 1 day suspension for my uncontrolled behavior. I filed an appeal because I find the penalty unjust and unfair as I was not given an ample time to be heard. My supervisor then got mad and was pointing out that my stats are not good so I shouldn't complain. My point was I was not given due process. I also don't have any form of verbal and written warning. This supervisor started humiliating me in front of my team mates and in the social media. Even my leave credits were manipulated. I decided to resign forcefully because I can't take stress anymore. But I'm planning to file for a case at NLRC.

you could have questioned the suspension at nlrc without resigning.

Atty I was already humiliated.tpos may mga statement ako from my witnessess including text messages and screenshots of my supervisor's social media posts na may halong pagbabanta.that's why I was forced to resign. Hindi na po ako makatulog ng maayos. Kya instead of staying, nag resign nlang po ako. I followed the appeal procedure sa HR pro pabor paren ung decision dun sa supervisor.

Thank you po pla sa response..

Dear Inabusongmedrep,

Don't worry, not all HRD people are as heartless and mean like your previous one. I always remind my people that HR is not here to persecute employees but rather, maintain discipline and take care of them. We suspended and terminate employees- true. But we also create programs for the welfare of our employees and at times, we include their family.

I always make sure that that my employee's rights are not stepped on even if I have to stand firm against the management. It's not easy being an HR you know. I have to create balance between the management and employees.

That's why Im here to help employees who had been wronged or abused by their employers.

I hope you'll see that not all HRD people are abusive just as not all employees are good.

With Love,

HR Adviser

waiting for the court's decision na...may mahahabol pa kaya kame eh nowhere to be found na ang owners