Suspended Employee Is Not Entitled To Pay

An employee who has been cited for violating the code of conduct will be placed under preventive suspension while the investigation is ongoing. One question raised is if the suspended employee will still receive his/her salary during the suspension. Preventive suspension temporarily removes an employee who has violated company rules from his or her position. An employer has the right to suspend an employee while the incident is still being investigated. This is in accordance with the Omnibus Rules Implementing the Labor Code of the Philippines. 

Section 8. Preventive suspension. The employer may place the worker concerned under preventive suspension only if his continued employment poses a serious and imminent threat to the life or property of the employer or of his co-workers.

Section 9. Period of suspension. No preventive suspension shall last longer than thirty (30) days. The employer shall thereafter reinstate the worker in his former or in a substantially equivalent position or the employer may extend the period of suspension provided that during the period of extension, he pays 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.

Under the rule, the maximum period of preventive suspension is 30 days. The employee must be reinstated to his former position, but if the employer does not want to reinstate the employee, they can choose to extend the suspension period provided the employer agrees to pay the wages and other benefits during the entire period of extension. 

It must also be noted that a suspended employee is not entitled to payment of wages. However, the validity of the suspension must also be taken into account. In case the suspension has been perceived to be illegal or invalid, the employee will still be entitled to payment of wages during the entire duration of the illegal suspension. 

Pinoy Attorney

Written by : Pinoy Attorney