Notice to Explain with Preventive Suspension

Hi i am working in a call center as a customer service representative. Upselling is part of my job. In a call center, usually meron kayong international clients at ung producto nila ung binibigyan nyo ng serbisyo and not directly ung company na pinaapplyan mo. Just last week, pinatawag ako ng hr kasi daw may anomaly about my upsell last july 2013. Nag audit daw ung account clients and they found out na may mga invalid sales daw ako. Sinabi ng hr that they will give me five days to explain my side with suspension for five days din. I asked them kung paano ginawa yung audit at sinabi nila na hindi nila alam kung paano kasi yung clients daw mismo ang nagaudit. I even asked them for the account numbers of those invalid sales that i had anomaly but they were not able to provide me. Then just now nabalitaan ko na ihohold daw yung salary ko. Pwede ko po bang malaman kung legal ba lahat ng actions na ginagawa nila even putting my salary on hold? Salamat po.

amieljayvelasco@gmail.com wrote:Hi i am working in a call center as a customer service representative. Upselling is part of my job. In a call center, usually meron kayong international clients at ung producto nila ung binibigyan nyo ng serbisyo and not directly ung company na pinaapplyan mo. Just last week, pinatawag ako ng hr kasi daw may anomaly about my upsell last july 2013. Nag audit daw ung account clients and they found out na may mga invalid sales daw ako. Sinabi ng hr that they will give me five days to explain my side with suspension for five days din. I asked them kung paano ginawa yung audit at sinabi nila na hindi nila alam kung paano kasi yung clients daw mismo ang nagaudit. I even asked them for the account numbers of those invalid sales that i had anomaly but they were not able to provide me. Then just now nabalitaan ko na ihohold daw yung salary ko. Pwede ko po bang malaman kung legal ba lahat ng actions na ginagawa nila even putting my salary on hold? Salamat po.

What document did they give you in relation to this? Notice to Explain? What was written on it?

What kind of "invalid sales" are these? Transactions that never actually happened?

At the very minimum -

The first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. “Reasonable opportunity” under the Omnibus Rules means every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense. This should be construed as a period of at least five (5) calendar days from receipt of the notice to give the employees an opportunity to study the accusation against them, consult a union official or lawyer, gather data and evidence, and decide on the defenses they will raise against the complaint. Moreover, in order to enable the employees to intelligently prepare their explanation and defenses, the notice should contain a detailed narration of the facts and circumstances that will serve as basis for the charge against the employees. A general description of the charge will not suffice. Lastly, the notice should specifically mention which company rules, if any, are violated and/or which among the grounds under Art. 282 is being charged against the employees.

The only thing that was written is that they will have me suspended while the case is ongoing but it didnt say there that they will have my salary on hold and no evidences were shown.

[quote="amieljayvelasco@gmail.com"]The only thing that was written is that they will have me suspended while the case is ongoing but it didnt say there that they will have my salary on hold and no evidences were shown. [/quote]

preventive suspension ba? in how many days?

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

30 days is the maximum suspension for such, if the employer extend the period of suspension he will pay the wages and other benefits due to the worker.

now, if after the investigation, it is proven that the suspension is invalid, employer will pay the days you were placed under preventive suspension but if the claim is valid, you were not entitled to payment of wages during the entire period of illegal suspension[/b]