rudyflor wrote:good night atty. i'm mr.flormata once again i have a questioned about my preventive suspension is laps already then my employer told me not to duty and advise me to wait the letter from their lawyer.you know atty. when i received
a letter of preventive suspension i reply their allegation
with in 72 hours but until now i did not received any reply from their lawyer. atty.is this right that i will wait the letter from their lawyer or i will report this to NLRC please advise me atty. about this matter.
thanks and God bless
RP FLORMATA
Acording to the Supreme Court:
"The pertinent rules dealing with preventive suspension are found in 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.
When preventive suspension exceeds the maximum period allowed without reinstating the employee either by actual or payroll reinstatementor when preventive suspension is for indefinite period, only then will constructive dismissal set in."
I think it is best if you file a formal complaint before the NLRC. The complaint will just be in a check-list format. Also, bring all the documents you have to support your complaint.
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