Preventive Suspension Extension with Sample Notice of Extension
Preventive suspension is a disciplinary measure for the protection of the company’s property pending investigation of any alleged malfeasance or misfeasance committed by the employee. (See page 238, Guide to Valid Dismissal of Employees 2nd Edition by Atty. Elvin B. Villanueva citing Philippine Airlines, Inc. vs. NLRC, G.R. No. 114307, July 8, 1998 citing Globe-Mackay Cable and Radio Communication v. NLRC, 206 SCRA 701 (1992)
The Implementing Rules provides that no preventive suspension shall last longer than thirty (30) days. The employer shall thereafter reinstate the worker in his former or in a substantially equivalent position or the employer may extend the period of suspension provided that during the period of extension, he pays 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.
Sample Notice Extending Preventive Suspension
To: PAZ S. SAWEY
From: HR
Date: _________________________
Subject: EXTENSION OF PREVENTIVE SUSPENSION
This refers to your preventive suspension which commenced on April 25, 2019 and shall end May 25, 2019.
As of this time, the management has not yet concluded the investigation regarding the charge of theft against you due to the evidence that needs to be evaluated.
Hence, your preventive suspension shall be extended for twenty (20) more days from May 25, 2019 or until June 14, 2019 during which time you shall be on payroll. However, you cannot physically report to work within the period.
You will be notified of the outcome of the investigation and/or the notice of decision on the case.
Please be guided accordingly.
AYA O. SAMAKEWLIT
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