Preventive suspension

Good Day Atty,

I have a vital position in the Company for more than a decade. I was assigned in one of our prestigious clients as contractor with more than 150 workforce personnel. Last month I received an email from the Head of Project Contract notifying the General Manager of my company that I am temporarily relieved from my duties until further notice for committing a minor offense of failure to follow Client’s rules and procedures . I communicated with the GM and he verbally told me that he placed me under preventive suspension while my case is under investigation. I did not receive any official memo from the Company that I was placed under preventive suspension and relieved order from my post.. The document that I received was notice to explain for willful or unjustified refusal to abide my validly issued policies, directives, instructions, memoranda or notices related to work or behavior within client premises with corresponding 7 days suspension for first offense. Upon receipt of the NTE I submitted my explanation. I was advised by my Company that they will finish the investigation asap. Days and weeks have passed I did not receive any official communication either verbal or written memo from our HR for possible admin hearing. I personally reported to my GM every week to follow up my employment status and he said that he is taking a consideration to look for another assignment that fits my qualification and current salary. He offered a position however the salary and benefits is not that high compared on what I am receiving right now. Should I accept the new position my salary will decrease by 50%’. It is already more than a month that I have not received any official word from my Company about my employment status. Here’s my questions;
1. Is it legal that I was placed under preventive suspension without official signed document?
2. The Head of a Project Contract is not employed by the Company. He is the one who ordered a temporary suspension until further notice. Probably the Company took this as their basis to place me on preventive suspension. Is this legal?
2. Am I entitled for compensation in which the Company should pay my wages and other benefits during the extension of my preventive suspension?
3. If I accept the position does it mean that I am waving my right for salary downgrading thus the Company has no more obligations on wage deduction?

Appreciate your response on this matter.

Thank you.

Question, are you a project employee or regular employee

The answer are different depending on your status. In your intro you talked about "project" therefore it denotes that your work, responsibility and compensation is depending on what project that you handle/

1. usually when you are served NTE, it is stated there that you are under preventive suspension as soon as you received the memo, (for regular employees). if it is not stated there, you are illegally suspended. however, if you are a project employee, it might not be a preventive suspension, but temporary pull-out of a project. you are considered as a floating status. however, your GM might not used the correct word at that time and told you its a preventive suspension.

2. The head of project contract usually represents the client. ii is the right of the client to demand the contractor to remove a certain individual working on the project he is monitoring. But is is the right of the contractor on whom to put the project. however, the contractor always want to be in good terms with the client so that they can get future projects with that client. To answer your question, yet is is legal since your company is the one who suspended you and not the head of project contract.

3. if you are a regular employee, you are entitled to wages and benefit during the extension of your preventive suspension, if you are a project employee, and you are not working in any project, then no you are not entitled.

4. if you accept the position with low pay, if you are a regular employee, this is diminution of benefit. if you are a project employee, you are going to be asked to resign from your previous contract and sign a new one. thus you are accepting the new compensation which is lower than your previous one.

Thank you for your quick response.

Yes I am a regular employee. It doesn't state in the NTE that I will be under preventive suspension. What is the best move that I should do so that I will able to get my wages and benefits during the extension of preventive suspension?

1. yes
2. Yes your employer may use as basis any source of information that it finds credible
2a.) No salary during the suspension but if you are proven innocent of the charges then the company shall pay for your salary during the whole period you were suspended.

Good Day Atty.,

Ask ko lang po. Nakareceive po ako ng memo galing sa HR namin entitled "Notice to Explain with Preventive Suspension"

Reasons:
1. Failure/Refusal to report to the Manager when being asked/called in his office to discuss the status of certain papers.
2. Refusal to search for the said paper and contact the person who know where the paper is.

Ung #2 abswelto n ko kasi cnearch ko xa d ko lang talaga makita. ung sa contakin ung person wla akong way n contakin.

Ung #1 insubordination po ung case ko. Nagrefuse daw po ako pumunta sa office ng boss ko. Base sa company policy ang penalty po is 1st offense - suspension 15 days. kya ung preventive suspension ko na 15 days kinonsider nila n naserve ko na ung penalty.

Base po s NTE ko, inexplain ko po don na hindi ako pumunta sa office ng boss ko kasi inisip ko na ung secretary lang nya ung nag-insist n magpunta ako. ang mali ko hindi ko kinomfirm kung ung boss ko po talaga ung boss ko nagpapapunta. cnulat ko din po don "kung nagrefuse man ako may dahilan" sinabi ko po kasi don sa letter na nahanap nmn ung paper at saka khit tanungin ako nang boss ko regarding don sa paper hindi ko po masasagot dahil hindi ko maiinterpret at hindi ako may handle non. So wala po talagang madidiscuss.

Pero cnb po ng HR nmin regardless dapat pumunta p rin ako at sinabi ko na hindi ko alam. Hindi po b valid n ung secretary nya ung magsabi non? and maintindhan kung bakit? Hindi po b pwedeng iconsider na hndi ako ung right person para po sa hinahanap nya? Di po b tlagang pwedeng may dahilan tumanggi kpag pnttwag k ng boss? Ang pinakapunto n lang po si HINDI AKO PUMUNTA SA OFFICE. Insubordination na po ba talaga un?

Tama po b naging hakbang ng company?

Nabasa ko po sa preventive suspension - 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-worker.
In my case wala nmn pong losses or threat pero un po naging hakbang.
After investigation they just said n ung preventive suspension ko ung naging penalty ko since don din daw magfall ung penalty, un daw po ung nsa policy ng company.

May nabasa po ako "the supreme court reiterates the rule that "It is cruel and unjust to impose the drastic penalty of dismissal if not commensurate to gravity of the misdeed, it will result in an illegal dismissal" - ... [W]here a penalty less punitive would suffice, whatever missteps may be committed by labor ought not to be visited with a consequence so severe. It is not only because of the laws concern for the workingman. There is, in addition, his family to consider. Unemployment brings untold hardships and sorrows on those dependent on the wage-earner. The misery and pain attendant on the loss of jobs then could be avoided if there be acceptance of the view that under all circumstances of this case, [the employees] should not be deprived of their means of livelihood. Nor is this to condone what had been done by them. For all this while, since private respondent considered them separated from the service, they had not been paid…

...Hence, not all misconduct warrant the penalty of dismissal. A misconduct must be serious, grave, and aggravated in nature such that dismissal would be the commensurate penalty.

Maari ko p po bang icontest ung policy nila?

eh hindi ka naman dini-dismiss. Pero take note insubordination is an offense that in most cases carry the penalty of termination.

Dapat matuto kang sumunod. Pag pinatawag pumunta ka sa boss mo at dun magpaliwanag. Kahit ano pa ang dahilan mo kelangan pumunta ka. For me straightforward yan at matatalo ka kung i-contest ko. Pero if gusto mo talaga, pwede kang pumunta ng DOLE at ipaliwanang mo yung nangyari, sila na ang bahala mag advise sayo