PREVENTIVE SUSPENSION

 It is a managerial prerogative wherein in the employer has a discretionary power to place

the employee under preventive suspension, provided that their continued employment
poses a grave and imminent threat to the company, its properties or to the lives of other
employees. (Section 8, Omnibus Rule of Labor Code, Rule XXIII, Book V)
 This means that the contract of employment entered by the parties has been put in
abeyance pending to the final decision of the employer whether to reinstate the employee
back to the employment or to summarily dismiss or terminate the contract of
employment.
 Furthermore, this is used for a time to conduct extensive investigation.
 Employees who are preventively suspended for the alleged malfeasance may only be
suspended with maximum of 30 days suspension under Labor Code.
 Is it legal to suspend employees without prior notice?
 YES. Employer may place the employee under preventive suspension even
without notice or no reason for suspension BUT for good practices, employee
ought to know the reasons of his/ her suspension and the nature of the allegation
against him/ her.
 Moreover, employee do not in all cases be given a fair hearing before suspension because
of the urgency of the situation that needs to be addressed or to give action that the
employer/ management must act abruptly to remove an indicted employee immediately
pending investigation to avoid further damages to the employer business. Provided,
moreover, that the employee may also interfere in the investigation of alleged misconduct
committed by him.
 Suspension of work is without pay is a part of disciplinary measure given by the
employers to the employees’ misconduct for the alleged violation of company ‘s policy.