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Tag - preventive suspension

11 Oct

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 [...]

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29 May

How to Handle an Employee Who Violates Company Rules with Threat to Property

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Employers are sometimes faced with the challenge of imposing disciplinary action on employees who commit an offense that poses serious and imminent threat on the property. An example of this scenario is commission of theft of employer’s property. The common understanding is that the employer has to ask for an explanation or issue the Notice to Explain (NTE) to get the side of the [...]

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17 May

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. [...]

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15 May

Preventive Suspension Must Not Be for Indefinite Period

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. For more discussion on preventive suspension please read Guide to Valid Dismissal of Employees 2nd Edition (pp. 303-316). 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. The Implementing Rules provides that: “Sec. 3. Preventive suspension.—The employer [...]

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