Legal Question in Employment Law in Philippines
inquiry
My boss had a notice that we are going to report on nov. 2 & 3. But i was absent because i still have to attned the mourn of my father which is all souls day but i had asked permission from him, now the next day i reported he tell our secretary that i was suspended for two days i have to work for two dayd without pay. i think this is an illegal suspension, can I file a case against my employer?
1 Answer from Attorneys
Re: inquiry
Yes,you may file a case against your employer for suspending you without due process and for violating your right against involuntary servitude. Before suspension, you should have been notified of the ground for your suspension and you should have been given a chance to explain. You cannot be compelled to render service without pay. Your employer should just deduct from your leave credits or your salary, whichever is appropriate, your two days absence. But you should be paid for the days that you worked supposedly to pay for your absence on November 2 and 3.