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AT A GLANCE:
Suspension is a disciplinary action resorted to by an employer by which an employee is prevented from going to work. Also called “lay off”, suspension is a step taken in employee discipline, as punishment for some major offenses.
Preventive suspension is a measure allowed by law and afforded to the employer if an employee’s continued employment poses a serious and imminent threat to the employer’s life or property or of his co-workers. It may be legally imposed against an employee whose alleged violation is the subject of an investigation. (Nilo Lafuente v. Davao Central Warehouse Club, G.R. No. 247410, March 17, 2021)
Suspension, also called lay off, is among the steps taken in employee discipline, as punishment for some major offenses. Suspension may be for a certain period ranging from one to several days. During the suspension period, the principle of “no work, no pay” applies, and thus the employee concerned does not receive his wage for each and every day he is suspended.
It is a disciplinary action resorted to by an employer by which an employee is prevented from going to work with an end that the erring employee may be reformed and improve his work ethics.
Before a suspension against an employee begins, the latter should be given an opportunity to be heard. A Notice to Explain must be given to the employee apprising him of his infractions and that he has the opportunity to defend and explain his side through a reply on said Notice to Explain. The employee may opt to give his reply or not. Afterwards, the employer will then evaluate all the circumstances surrounding the misconduct and after which he will issue a Notice of Decision on whether or not to suspend said employee. Should the employer find that there is reasonable ground to suspend the employee, he may do so accordingly taking into consideration the limitations set by the law.
Suspension may be imposed either as a penalty for an offense committed, or as a measure to prevent any investigation from being prejudiced. The latter is more commonly known as “preventive suspension.”
Suspension is considered as an administrative penalty when an employee commits several infractions of the company policies or code of conduct such as repeated absences, repeated tardiness or other similar acts. It may also be resorted to when an employee committed gross or habitual negligence of his/her work.
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.
Jurisprudence says:
“Preventive suspension is a measure allowed by law and afforded to the employer if an employee’s continued employment poses a serious and imminent threat to the employer’s life or property or of his co-workers. It may be legally imposed against an employee whose alleged violation is the subject of an investigation.” (Nilo Lafuente v. Davao Central Warehouse Club, G.R. No. 247410, March 17, 2021)
The purpose of preventive suspension is to prevent an employee from causing harm or injury to the company as well as to his fellow employees. Through preventive suspension, an employer safeguards itself from further harm or losses that may be further caused by the erring employee.
The Omnibus Rules Implementing the Labor Code provides that:
Section 8. 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-workers. (Section 8, Rule XXIII, Book V)
Section 9. Period of suspension. — 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.
When preventive suspension exceeds the maximum period allowed without reinstating the employee either by actual or payroll reinstatement or when preventive suspension is for indefinite period, only then will constructive dismissal set in. (Section 9, Rule XXIII, Book V)
It is not a penalty but a part of a process to investigate a questioned action of an employee. Preventive suspension does not in itself prove that the employer already finds the employee guilty of the charges he is asked to answer, and explain.
Jurisprudence says:
Preventive suspension may be legally imposed against errant employee only when his alleged violation is the subject of an investigation and resorted to only while he is undergoing an investigation for certain serious offenses. Consequently, its purpose is to prevent him from causing harm or injury to the company as well as to his fellow employees. It is justified only in cases where the employee’s continued presence in the company premises during the investigation poses a serious and imminent threat to the life or property of the employer or of the employee’s co-workers. Without this threat, preventive suspension is not proper (Maula v. Ximex Delivery Express, Inc., G.R. No. 207838, January 25, 2017).
Related Article/s:
Frequently-Asked Questions on Employee Suspension and Termination of Employment
Preventive Suspension as a Recourse of an Employer
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