Practice question
A justified thirty-day preventive suspension expires while investigation continues. Management keeps the employee off duty for another twelve days. What must it do for that extension?
- Pay the wages and other benefits due during the extension
- Continue withholding all pay until the case ends
- Obtain a coworker’s consent instead of paying
- Treat the employee as automatically resigned
- Deduct the extended days from the employee’s service without any payment
Legal references
- https://lawphil.net/judjuris/juri2021/nov2021/gr_227718_2021.html — Lagamayo v. Cullinan Group, Inc., G.R. 227718, November 11, 2021, main decision: Omnibus Rules, Rule XXIII, sections 8–9; thirty-day limit, reinstatement, paid extension and no reimbursement.
- https://lawphil.net/judjuris/juri2020/feb2020/gr_225100_2020.html — Every Nation Language Institute v. Dela Cruz, G.R. 225100, February 19, 2020, main decision: preventive suspension is protective, not a penalty; justified initial suspension.
- https://lawphil.net/judjuris/juri2017/jan2017/gr_207838_2017.html — Maula v. Ximex Delivery Express, Inc., G.R. 207838, January 25, 2017, main decision: serious and imminent threat required.
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