Department of Labor and Employment(DOLE)

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Date: Aug. 17, 2023, 12:55 p.m.

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Date: 2023-08-18 13:06:40.000000

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Date: 2023-08-20 19:43:59.000000

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Illegal Suspension Without undergoing Due Process

Published by Department of Labor and Employment(DOLE) on Aug. 17, 2023.
Requested from DOLE by N. Tresvalles at 12:55 PM on Aug. 17, 2023.
Purpose: Legal Advise
Date of Coverage: 07/19/2023 - 08/17/2023
Tracking no: #DOLE-730169190787

N.TRESVALLES Aug. 17, 2023, 12:55 p.m.

Hi, I need guidance on this issue I encountered yesterday at my Workplace. A co worker filed an Incident report without proper evidence and Instead of me Being served a First Warning, I was served an automatic 30 day suspension without Notice to Explain. NTEs also supposed to be accumulated from defendant and witnesses 24-48 hours from the incident and our HR department did not get the written statements from Witnesses. I was automatically suspended without a warning, Our HR failed to provide me a document for NTE concluding the sanction is one sided.

J.BARBOZA Aug. 18, 2023, 1:06 p.m.

August 18, 2023 Dear Nicole, Thank you for your request dated Aug 17, 2023 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Illegal Suspension Without undergoing Due Process. We received your request on Aug 17, 2023 and will respond on or before Sep 07, 2023 12:55:05 PM, in accordance with the Executive Order's implementing rules and regulations. Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://foi.gov.ph/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPTEUtNzMwMTY5MTkwNzg3DA, for request with ticket number #DOLE-730169190787. Thank you. Respectfully, Jann Barboza FOI Officer

M.VALEROS Aug. 20, 2023, 7:43 p.m.

August 20, 2023 Dear Nicole Tresvalles, Thank you for your request dated Aug 17, 2023 12:55:05 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. You asked for Illegal Suspension Without undergoing Due Process. As a general rule, employers are allowed by law to impose disciplinary actions against their erring employees to correct undesirable behaviors. As a result, sanctions or penalties may be imposed ranging from verbal warning, written reprimand, suspension without pay, and ultimate dismissal from employment. It should be noted however, that the penalty must be commensurate to the offense. Any issues arising from this may be referred to the Grievance Machinery of the company. This Grievance Machinery is intended to simplify, speed up, and install effective, expeditious, fair, and equitable resolution in order to create an atmosphere conducive to good supervisor-employee relationships and boost employee morale. Unresolved issues may be forwarded to the DOLE Regional/Field Office having jurisdiction over your workplace for conciliation and mediation proceedings. Help us to continuously improve our FOI Program Implementation by accomplishing the DOLE-FOI Request Feedback Form through this link: bit.ly/DOLE-FOIFeedbackForm Thank you. Respectfully, Mark Valeros FOI Receiving Officer

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