Sample Notice of Preventive Suspension
Placing an employee under preventive suspension is allowed under Section 8, Rule XXIII, Book V of the Omnibus Rules Implementing the Labor Code, as amended.
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.
Preventive suspension is not a penalty but a disciplinary measure to protect life or property of the employer or the co-workers pending investigation of any alleged infraction committed by the employee.
Thus, it is justified only when the employee’s continued employment poses a serious and imminent threat to the employer’s or co-workers’ life or property. When justified, the preventively suspended employee is not entitled to the payment of his salaries and benefits for the period of suspension.
Section 9 of the same rules states 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 practice, the preventive suspension may be imposed separately or along with the Notice to Explain (NTE).
Below is a sample Preventive Suspension as separately issued:
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To: MAY P. ASAOAY
From: HR
Date: ____ October 20____
Subject: PREVENTIVE SUSPENSION
This pertains to the audit findings of the falsified receipts which you submitted for liquidation. It appears on record that on __________, you submitted a gas OR with number 12345 for liquidation for PhP1,000.00.
However, upon investigation it turned out that the OR per vendor’s copy is only PhP100.00.
In this regard, you are hereby being placed on preventive suspension for a maximum period of 30 days from this notice considering that your continued employment poses serious and imminent threat on the property of the company.
For your strict compliance.
NAVA B. ANAS
HR Manager
Below is a sample Preventive Suspension along with the NTE:
To: MAY P. ASAOAY
From: HR
Date: ____ October 20____
Subject: NOTICE TO EXPLAIN (NTE) WITH PREVENTIVE SUSPENSION
This pertains to the audit findings of the falsified receipts which you submitted for liquidation. It appears on record that on __________, you submitted a gas OR with number 12345 for liquidation for PhP1,000.00.
However, upon investigation it turned out that the OR per vendor’s copy is only PhP100.00.
In this regard, you are hereby being directed to explain in writing within five (5) calendar days from receipt of this notice why no disciplinary action, including termination, if evidence warrants, should be imposed upon you for the above.
Pending investigation, you are hereby being placed on preventive suspension for a maximum period of 30 days from this notice considering that your continued employment poses serious and imminent threat on the property of the company.
Failure on your part to submit your written explanation within the prescribed period shall be deemed as waiver of your right to due process.
For your strict compliance.
NAVA B. ANAS
HR Manager
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