Preventive Suspension Procedures
The Legal Context
In the Philippines, preventive suspension is a tool that can be used by employers to temporarily remove an employee from his or her post while an investigation into alleged misconduct is ongoing. However, the rules and procedures for implementing such a suspension are strictly regulated by the Labor Code of the Philippines and Department Order No. 147-15, the Implementing Rules and Regulations of the Labor Code.
Due Process Requirement
An essential component of preventive suspension is the observance of due process. Generally, the law requires that a Notice to Explain (NTE) be given to the employee in question. This notice typically outlines the allegations and provides the employee an opportunity to answer the charges against them. Failing to provide this notice could render the suspension illegal and expose the employer to legal penalties.
When Can Preventive Suspension be Imposed?
Preventive suspension can be imposed if the employee's alleged conduct poses a serious and imminent threat to the life or property of the employer or co-workers. The period of preventive suspension is limited to a maximum of 30 days by Department Order No. 147-15. After this period, the employee must either be reinstated or formally charged.
Guidelines for Employers
Written Notice: Always start with a written Notice to Explain (NTE) outlining the alleged infractions and asking for the employee’s explanation.
Evidence: The decision to impose a preventive suspension should be backed by substantial evidence. This could include witness testimonies, documents, or other forms of proof.
Consult Legal Counsel: Given the sensitivity and potential legal ramifications, it is advisable for employers to consult with legal counsel before proceeding with a preventive suspension.
Document Everything: Keep records of all communications, notices, and evidence. This is essential for protecting the company in the event of a legal dispute.
Employee Rights
If preventive suspension is carried out without the proper procedure, an employee may have grounds for filing a complaint for illegal dismissal or unfair labor practice. They may also be entitled to compensation for the period of illegal suspension.
Conclusion
Preventive suspension is a complex process requiring strict adherence to legal procedures and guidelines. Both employers and employees must be fully aware of their rights and responsibilities under the law to ensure a fair and legal outcome.