Dear Atty. Kathy,

My father is the head dispatcher of a warehouse company. He is being investigated for inventory losses since it is his job to maintain the inventory, but even before the investigation was completed, he was already told that: "You are under preventive suspension since your continuous employment poses a serious and imminent threat to the property of the Company." Is this "preventive suspension" valid? I do not think this is fair because it is like my father is already guilty and terminated, when the investigation just started.

Shia

Dear Shia,

 Labor Code (Omnibus Rules), as amended by Department Order No. 9, Series of 1997, viz.:

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.

Through preventive suspension, an employer safeguards itself from further harm or losses that may be further caused by the erring employee. As has been ruled by the Supreme Court, 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. 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, and it may be legally imposed against an employee whose alleged violation is the subject of an investigation.

Therefore, preventive suspension is not a dismissal from employment nor does it amount to termination of employment. Preventive suspension is merely a disciplinary measure within the ambit of an employer's exercise of management prerogative pending the conduct of investigation for your father's possible infractions.

Considering that your father is a head dispatcher whose job is to maintain the inventory and there are inventory losses, the warehouse company has every right to protect their assets and operations in the warehouse, pending their investigation, by placing your father under preventive suspension.