Preventive Suspension Cases

April 23, 1976POLICY INSTRUCTIONS NO. 10-76TO:All Regional Directors   SUBJECT:Preventive Suspension Cases Before PD 850, the employers placed workers under preventive suspension flagrantly and indiscriminately — even if their presence in the worksite did not pose a serious danger to the life or property of the employer or his employees. Through preventive suspension, the employer made a farce of the clearance requirement before termination as well as of the constitutional guarantee of employment tenure. While the termination case was hibernating in the arbitration system, compulsory or voluntary, the worker was out of work under preventive suspension.Under PD 850, the Regional Director is adequately empowered to stop these abuses. He is to rule on preventive suspension, whether actual or potential, within ten (10) working days. If the presence of the employee does not pose a serious danger, he is to order reinstatement with backwages or prevent the employer from imposing preventive suspension. Regardless of his order, however, the employer may place the employee under preventive suspension if the employer would keep the employee in his payroll while...