Philippine Bar review · Question

Practice question: Preventive Suspension

Multiple Choice Easy

Practice question

When may a private employer impose preventive suspension under the applicable Omnibus Rules?
  1. Whenever a supervisor wants a quieter workplace
  2. When continued employment poses a serious and imminent threat to the life or property of the employer or coworkers
  3. Whenever any complaint is filed, regardless of risk
  4. Only after a court convicts the employee
  5. Whenever management wishes to reduce payroll costs

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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