Dear Atty. Vlad,

I am a Finance Manager in one of the manufacturing companies in Biñan, Laguna. The President accused me of stealing money from the company. After issuing a Notice to Explain, he placed me under preventive suspension. He said they will be investigating but did not provide any period for the said suspension. I would like to know if my preventive suspension is valid and if I will also be receiving no salary for the time being.

Ferdinand

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Dear Ferdinand,

An employer may place an employee under preventive suspension 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 during the period of suspension.

In the case of Every Nation Language Institute (ENLI) and Ralph Martin Ligon vs Maria Minelie de la Cruz, G.R. 225100, 19 February 2020, the Supreme Court explained again, the grounds for preventive suspension and for how long can an employee be placed under preventive suspension, to wit:

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. This section provides:

Section 8. Preventive suspension. 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.