16th Apr 2013
Suspension of an employee may either be 1) imposed as an administrative penalty for infractions committed or 2) preventive suspension pending investigation of an employee.
If we are dealing with the second kind (preventive suspension pending investigation), the following conditions must be met:
a. 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.
b. The preventive suspension shall NOT last longer than thirty (30) days.
It must be emphasized that if the employer wishes to extend the period of suspension, he must, during the period of extension, pay the wages and other benefits due to the worker. In such case, the worker shall not be bound to reimburse the amount paid to him during the extension if the employer decides, after completion of the hearing, to dismiss the worker.
Should the employer decide to terminate the employee, he must still comply with the twin notice requirement. Under Philippine labor laws, the employer is bound to furnish the employee with two (2) written notices before termination of employment. The first notice is one apprising the employee of the particular acts or omissions for which his dismissal is sought. On the other hand, the second notice is the one informing the employee of the management’s decision to sever his employment. It must be noted that the second notice can only be given after the employee was given a reasonable period from receipt of the first notice within which to answer the charge, thereby giving him ample opportunity to be heard and defend himself with the assistance of his representative should he so desire. It should be borne in mind that the notice of suspension does not supplant the two notices required by law.
This is how to place an employee under preventive suspension pending investigation in the Philippines.
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Nicolas & De Vega Law Offices is a full service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 4706126, +632 4706130, +632 4016392.
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