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When Preventive Suspension Will Give Rise to Constructive Dismissal

Posted by lexforiphilippines on August 11, 2010

The Supreme Court, in the case of Mandapat vs. Add Force Personnel Services, Inc. and Court of Appeals (G.R. No. 180285; 6 July 2010), stated that constructive dismissal exists when an act of clear discrimination, insensibility or disdain by an employer has become so unbearable to the employee leaving him with no option but to forego his continued employment. 

In the same case, the High Court explained that preventive suspension may be legally imposed on employee whose alleged violation is the subject of an investigation.  The purpose of his suspension is to prevent him from causing harm or injury to the company as well as to his fellow employees (Section 8, Rule XXIII, Book V, Omnibus Rules Implementing the Labor Code, as amended by Department Order No. 9, Series of 1997).  No preventive suspension shall last longer than 30 days and 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 (Section 9, Rule XXIII, Book V, Omnibus Rules Implementing the Labor Code, as amended by Department Order No. 9, Series of 1997).  When preventive suspension exceeds the maximum period allowed without reinstating the employee either by actual or payroll reinstatement or when preventive suspension is for an indefinite period, only then will constructive dismissal set in.

Click on Digested Cases under Tools for a digest of Mandapat vs. Add Force Personnel Services, Inc. and Court of Appeals (G.R. No. 180285; 6 July 2010).

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9 Responses to “When Preventive Suspension Will Give Rise to Constructive Dismissal”

  1. jenina said

    hi!just wanna ask some things, first: i was put in a preventive suspension that started last nov.12,2012, but they started not letting me work last nov.11,2012. i havent received my salary last nov.30 pay date and my 13th month pay last nov. 28. i was wondering if it was right that they didn’t give my salary and 13th month? hoping for your reply thanks 🙂

  2. anonymous said

    Hi,

    Sir, if upon end of your 30days preventive suspension, are you entitled to have atleast a copy of the result of the investigation undertaken on you? incase, they do not intend or failed to give you a copy, what would be the recourse in order for me to get a hand of that result? and, what would be the proper way for me to request it to them? thank you very much for your advise from the previous note i made.

    thank you.hope you could help me..thanks..

  3. Michelle said

    Hi!

    I was wondering if you could help me, im in need of a case problem for my case study that dfeals with human resources. it could be dismissal.. thanks

  4. bart said

    may i add, during the preventive suspension its a no work no pay policy..so, 30days of preventive suspension is a 30days with no pay at all..if upon release of the findings or investigation results, no involvement was found, can the person under the 30days preventive suspension claim or reclaim the pay?

  5. ace said

    Sir/Mam, if after the 30days preventive suspension, it was found out that no involvment or case should be taken against an individual.. Can that individual claim the 30days pay as a result of the findings that he/she is not involved from any violation?please advice.thank you very much.

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