Delayed Preventive Suspension - Please Help

To start of, I am currently on Preventive Suspension since 14/Feb/2017.

I am currently working as a sales rep for a bpo.

This is what had happened:

The alleged 'complaint' was 'raised' by the customer somewhere on the 8th or 10th December 2016. Back then I was on the line of business for Sales but on 11th Jan 2017, I have requested to be transferred to a temporary line of business which was complaint.

What really bothered me was the fact that the 'complaint' raised was last year 2016 and I am working on a different line of business at the moment.

The complaint was all about the new script for the sales account that I have failed to read (bago kasi siya kaya iba iba ang locations ng script that I had to read), throughout the call (since napakinggan ko yung recorded call), the customer said that he would like to avail what is being offered (in fact, mas mapapababa yung bill nya and he gets unlimited local calls). Ang mali ko is that I have failed to read the other parts of the script kasi nga bago, and this is the reason I got served. BTW when I was asked to sign the preventive suspension document, it was signed by the HR manager, pero ang weird dun, the HR manager is away for a leadership training. Nagtaka lang tuloy ako kung falsified and document ko or if there were documents with her signature for preventive suspension cases. Aside from that, hindi yung HR manager mismo ang nagmeeting sa akin kung yung temp hr na bagong bago ko lang nakita.

I was off-the-phone since the 11/Feb/2017 and got slapped with a Preventive Suspension letter on Valentines Day 14/Feb/2017.

The company has asked me to provide an NTE (Notice of Explanation) which I have submitted.

I have read the Philippines labor code:

“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” (Rule XXIII, Book V).

I would like to point out that

1) My presence at work is not a threat and I am not considered as hostile at work to my colleagues

2) I am working on the complaints project along with 60+ people from sales who has been transferred for this project

3) My complaint is not related to the project that I am working on right now

4) The complaint raised was already 2 months ago

This has caused an incredible amount of strain to the family and our finances. My folks, upon finding out what had happened cannot even get a decent sleep at night because of this, my mom has frequent palpitations and has drastically lost weight, My dad on the other hand, has his mind flowin into space due to stress.

I am the breadwinner of the family, my mom and dad are on their seniors. My dad is an aneurysm survivor. I had to make sure that his medication is fully covered at all times, on top of that i have a monthly payment to pag-ibig for our home.

I am getting a hunch that this is a malpractice of HR rules and does not follow the Philippine Labor code, however I am still seeking your professional in my case.

Thank you

astringboy wrote:To start of, I am currently on Preventive Suspension since 14/Feb/2017.

I am currently working as a sales rep for a bpo.

This is what had happened:

The alleged 'complaint' was 'raised' by the customer somewhere on the 8th or 10th December 2016. Back then I was on the line of business for Sales but on 11th Jan 2017, I have requested to be transferred to a temporary line of business which was complaint.

What really bothered me was the fact that the 'complaint' raised was last year 2016 and I am working on a different line of business at the moment.

The complaint was all about the new script for the sales account that I have failed to read (bago kasi siya kaya iba iba ang locations ng script that I had to read), throughout the call (since napakinggan ko yung recorded call), the customer said that he would like to avail what is being offered (in fact, mas mapapababa yung bill nya and he gets unlimited local calls). Ang mali ko is that I have failed to read the other parts of the script kasi nga bago, and this is the reason I got served. BTW when I was asked to sign the preventive suspension document, it was signed by the HR manager, pero ang weird dun, the HR manager is away for a leadership training. Nagtaka lang tuloy ako kung falsified and document ko or if there were documents with her signature for preventive suspension cases. Aside from that, hindi yung HR manager mismo ang nagmeeting sa akin kung yung temp hr na bagong bago ko lang nakita.

I was off-the-phone since the 11/Feb/2017 and got slapped with a Preventive Suspension letter on Valentines Day 14/Feb/2017.

The company has asked me to provide an NTE (Notice of Explanation) which I have submitted.

I have read the Philippines labor code:

“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” (Rule XXIII, Book V).

I would like to point out that

1) My presence at work is not a threat and I am not considered as hostile at work to my colleagues

2) I am working on the complaints project along with 60+ people from sales who has been transferred for this project

3) My complaint is not related to the project that I am working on right now

4) The complaint raised was already 2 months ago

This has caused an incredible amount of strain to the family and our finances. My folks, upon finding out what had happened cannot even get a decent sleep at night because of this, my mom has frequent palpitations and has drastically lost weight, My dad on the other hand, has his mind flowin into space due to stress.

I am the breadwinner of the family, my mom and dad are on their seniors. My dad is an aneurysm survivor. I had to make sure that his medication is fully covered at all times, on top of that i have a monthly payment to pag-ibig for our home.

I am getting a hunch that this is a malpractice of HR rules and does not follow the Philippine Labor code, however I am still seeking your professional in my case.

Thank you

From what I have read so far, the PS is valid.

1. You might think yourself as not being a threat to your colleagues, but the company which has information available on site feels otherwise. It is prudent of the company to ensure its property's safety.

2. irrelevant information

3-4. the complaint may not be about your current work, but it is of something you did in the past, and may still be allowed to proceed since it has been only 2 months since the incident, and the recording may have only been reviewed by QA or the client lately.

Thank you for your prompt response.

I just got off the phone right now from DOLE and I was told that I can got to NCDM tomorrow.

I was told that PS should've been issued when the complaint was raised, not in a few months time.

1) My presence at work is not a threat and I am not considered as hostile at work to my colleagues.

This is NOT for you to decide.

2) I am working on the complaints project along with 60+ people from sales who has been transferred for this project.

This is of no relevance.

3) My complaint is not related to the project that I am working on right now.

As long as the previous infraction is under the same Management/Company, the infraction is WITHIN the Company's authority.

4) The complaint raised was already 2 months ago.

This is Irrelevant.

Example.

A fraud case which was committed 10 months ago and was only discovered recently, the employee can still be sanctioned.