It was the date of April 25, 2014 between the time of 12:00am - 12:15am I was summoned inevidently by our HR Dept. to come to office without knowing the reason for the summon. Prior to that my Assistant General Manager Von Ryan Castillo was calling me to come to office, I responded and asked him "why" he just plainly replied to go directly to HR and asked for Ms. Ching Balaquit. I then called my Team Manager Lalinka Galias to ask what is the concern about for me coming to office during my rest day she just replied and answered "Hindi Ko Alam Eh". I then proceeded to the office and went directly to our HR Department where I was handled by Mr. Erwin Manoloto BHR executive. Afterwards that was the only time that i have been informed that i have a pending case and an incident report was issued by Ms. Lalinka Galias. After serving the incident report I was also immediately put under a preventive suspension order by him explaining about the on going case and i must provide NTE within the next 5 days. I provided the NTE and sent it April 29, 2014 around 12:00 noon as our HR office is only available during nightshifts. It is also payroll day however when i checked my payslip online I learned that my salary is withheld by the office.
- I would like to ask if the company's move to hold my salary is legal due to the reason that the IR was only served on the 29th of April and the payroll cutoff date was for April 1 - 15 only.
- I would like to also ask if my suspension is legal due to the fact that I was not notified of my case and incident report filed against me. That I was not given time to explain and defend myself before being disciplined or put under preventive suspension. All this I know under the Law of Notice and Due Process from the labor code of the Philippines.
- If so that the company has violated my rights, what legal actions can i take against them.
- If so that the company has violated my rights, am I entitled to file Moral Damages against them due to the defamation of my personality in the office.
- If so that the company has violated my rights, whom are the ones I can file legal actions to.