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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » When should Preventive Suspension be Paid?

When should Preventive Suspension be Paid?

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1When should Preventive Suspension be Paid? Empty When should Preventive Suspension be Paid? Mon Oct 06, 2014 12:51 pm

xhaimax


Arresto Menor

Greetings! My company put me on Preventive Suspension due to rudeness in a call 28 days after I came back from Maternity Leave (May 14-July 30) effective August 28. I was able to explain myself and they have given me a decision of Final Written Warning with no actual suspension day/s. My question is I am really not entitled for any pay during the 30 day suspension? The alleged call was not rude. HR associate told me that they find me a bit guilty and that they are giving me a second chance.
Your response will be appreciated.

council

council
Reclusion Perpetua

That is correct.

You might only be entitled to be paid during the PS if you were absolved completely of the violation.

http://www.councilviews.com

xhaimax


Arresto Menor


Please correct me if I am wrong.. As per my understanding, "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." As I have said, the call is not rude. How can I appeal to their decision? I did not see any reasons why my call be a threat to the company. Can I go to NLRC to file a case illegal suspension?

council

council
Reclusion Perpetua

xhaimax wrote:
Please correct me if I am wrong.. As per my understanding, "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." As I have said, the call is not rude. How can I appeal to their decision? I did not see any reasons why my call be a threat to the company. Can I go to NLRC to file a case illegal suspension?

PS was implemented at the start, before hearing, because it could have been rude, and it could escalate further that if you were allowed to stay, you could repeat the "offense" and could cause more damage due to your access to sensitive client information.

If the call was not rude, there would be no sanction at all, but since there was, it meant that there was a risk and that you had indeed done something which could cause the loss of the client.

http://www.councilviews.com

xhaimax


Arresto Menor

In cases like that, they transfer agents to another account. I was put back on the same account. I was also pregnant and already on Maternity leave when it was submitted to HR. I was put on Preventive Suspension 28 days from the date that when I came back to my leave. If I was a threat to the client they should have gave the notice of Preventive Suspension on my first day from leave. Furthermore, a client will not pull out an account due to rudeness. Whar are my chances to win a Labor case?

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