Dear PAO,

My boss suspended me for seven days without pay, just because we had excessive workers in the shop. He explained that suspension due to redundancy is legal under the Labor Code. However, I was the only person to suffer such suspension, while all of my co-workers regularly reported to work and got paid accordingly. Is my boss legally correct?

Radu

Dear Radu,

No, suspension due to redundancy or due to excessive workers is illegal under the Labor Code of the Philippines. Foremost, in the case of Anonas Construction and Industrial Supply Corporation et al., vs. NLRC, et al., G.R. No. 164052, October 17, 2008, penned by Associate Justice Antonio Eduardo B. Nachura, the Supreme Court ruled that suspension is a disciplinary tool that should be based on a valid or just cause, viz.:

“It is also worth mentioning that suspension is not the same as termination. Suspension is a disciplinary measure that is imposed for violation by the employee of a reasonable rule of conduct prescribed by the employer and made known to the employee. However, just like termination, suspension must be based on a valid or just cause, and the employee must be apprised of his alleged violation and given an opportunity to explain his side. And where the employee denies the charge, the burden of proving that there is a valid ground for suspension, as in termination, rests on the employer. xxx

“Thus, even if we accept petitioners’ submission that its initial disciplinary action was merely to suspend – not to dismiss – respondent Nafuar, it is obvious that the suspension would inevitably lead to the dismissal of Nafuar. Noteworthy is the fact that, in either case, petitioner failed to show ample proof of respondent’s alleged infraction before the labor tribunals.”

In relation thereto, Article 297 of the Labor Code enumerates the just causes for termination of employment, namely, 1.) serious misconduct or willful disobedience, 2.) gross and habitual neglect by the employee of his duties, 3.) fraud and willful breach of trust, 4.) commission of a crime or offense by the employee against the person of his employer, immediate family, or representatives, and 5.) other analogous causes.

Clearly, redundancy is not one of the just causes to suspend an employee. Thus, suspension cannot be imposed on you because of redundancy or when there are excessive workers in your shop. To reiterate, suspension is a disciplinary measure that should only be imposed in cases where an employee violated a reasonable rule of conduct while observing the rigors of due process. Since you have not committed any infraction which could merit suspension, the seven-day unpaid suspension imposed on you is illegal.

We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]