Preventive suspension extension

Dear Atty. Maan,

The Operations Manager at my workplace faced charges for violating company policies, involving misrepresentation and using his position to defraud the company. During a preventive suspension without pay, an audit investigation uncovered further misconduct, including approving documents for activities that were not executed, and involving unaccredited third parties in projects. Consequently, an additional 10-day preventive suspension was imposed, raising the total suspension period to 40 days. As an HR practitioner, I was wondering, may a subsequent preventive suspension be imposed for a separate or distinct offense upon an employee?

Shauna

***

Dear Shauna,

Yes, a subsequent preventive suspension may be imposed for a separate or distinct offense upon an employee. While the provisions regarding preventive suspensions found in Sections 9 of Rule XXIII, Book V of the Omnibus Rules, as amended by Department Order 9, Series of 1997, limits the period of preventive suspension to 30 days, such time frame pertains only to one offense by the employee.

In the case of Smart Communications, Inc. v Solidum, G.R. No. 19776; 7 December 2015, the Supreme Court ruled that: "The respondent was validly placed under second preventive suspension for the reason that pending investigation of separate and distinct set of offenses committed by the respondent, as contained in the second Notice to Explain, his continued presence in the company premises during the investigation poses serious and imminent threat to the life or property of the employer and co-workers. The Court further ruled that these newly discovered transgressions would, thus, require an additional period to investigate."

By a preventive suspension, an employer protects itself from further harm or losses because of the erring employee. This concept was explained by the Court in Gatbonton v National Labor Relations Commission:

An employee may be placed under preventive suspension, when:

The evidence of guilt is strong, and the employer or head of establishment is convinced that the continued stay of the employee during the period of investigation constitutes a distraction to the normal operations of the company; and

His continued employment poses a serious and imminent threat to life or property of the employer or his co-workers.

As such, for an offense, the preventive suspension cannot go beyond 30 days. However, if the employee is charged with another offense, then the employer is entitled to impose a preventive suspension not to exceed 30 days specifically for the new infraction. Indeed, a fresh preventive suspension can be imposed for a separate or distinct offense. Thus, an employer is well within its rights to preventively suspend an employee for other wrongdoings that may be later discovered while the first investigation is ongoing.

Thus, an employer is well within its rights to preventively suspend an employee for other wrongdoings that may be later discovered while the first investigation is ongoing.

Hope this helps.

Atty. Mary Antonnette Baudi