Legal Question in Employment Law in Philippines

Suspension of an employee may either be 1) imposed as an administrative penalty for infractions committed or 2) preventive suspension pending investigation of an employee.

If we are dealing with the second kind (preventive suspension pending investigation), the following conditions must be met:

a. 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.

b. The preventive suspension shall NOT last longer than thirty (30) days.

It must be emphasized that if the employer wishes to extend the period of suspension, he must, during the period of extension, pay the wages and other benefits due to the worker. In such case, the worker shall not be bound to reimburse the amount paid to him during the extension if the employer decides, after completion of the hearing, to dismiss the worker.

Assuming that your claim is the fact, all you have to do is to file an illegal dismissal case against your employer. You can proceed to the NLRC located at Banawe Quezon City and file the case. The indefinite suspension without a just cause amounts to termination.