Preventive Suspension in the Philippines: Rules, Duration, and Employee Rights

Preventive suspension is a common but often misunderstood practice in the workplace. In the Philippines, it serves as an important legal tool that lets employers temporarily remove an employee while investigating serious allegations, without immediately imposing any penalty. This protects both the integrity of the inquiry and the rights of all parties involved.

Preventive suspension is a temporary removal of an employee from work during the investigation of a possible offense. It is not a penalty, but a precautionary measure to prevent the employee from interfering with the investigation, intimidating witnesses, tampering with evidence, or causing harm to people or property.

It is commonly applied when an employee is charged with serious misconduct or offenses that pose a threat to company property, co-workers, or the investigation itself. Unlike disciplinary suspension (which is a form of penalty), preventive suspension does not assume guilt—it is protective, not punitive.

Example Scenario: Theft of Company Property

• Employee: A warehouse inventory clerk.
• Allegation: Several high-value items from the warehouse have gone missing over the past week. Surveillance footage appears to show the employee in question is in the restricted areas after hours, and on one occasion, a bag that the employee was carrying seemed unusually bulky upon leaving.
• Reason for Preventive Suspension: The company needs to conduct a thorough investigation, including reviewing more footage, checking inventory records, and interviewing other staff the employee accused continued presence in the warehouse, especially with access to inventory, could potentially lead to further theft (harm to company property), tampering with evidence, or intimidating potential witnesses among the colleagues.
• Action: The Warehouse Inventory clerk is issued a Notice of Preventive Suspension, temporarily removed from work while the investigation proceeds for up to 30 days. The employee will not receive pay during this period, but this suspension itself is not a finding of guilt. 
• Sanction: If the employee is found guilty, the appropriate sanction will apply (whether warning, suspension, or even dismissal). During the preventive suspension, the employee is not rendering service. Therefore, the employer is generally not obligated to pay wages for this period. If the employee is found innocent or exonerated, the law does not strictly mandate payment for those initial 30 days, though some companies may choose to do so as a matter of good faith or company policy. However, if the suspension exceeded 30 days and the employee was eventually found innocent, they would typically be entitled to back wages for the period beyond the 30-day limit. 

Employers may place an employee on preventive suspension only if there is sufficient justification, such as:

• Alleged serious misconduct or breach of company rules
• Instances where the employee’s continued presence poses a risk to life, property, or the investigation
• Cases involving fraud, theft, harassment, or violence in the workplace

Mere suspicion is not sufficient. The offense must be serious, and there must be a valid reason to believe that preventive suspension is necessary to preserve the integrity of the investigation or workplace.

Preventive suspension is warranted for offenses that pose a serious and imminent threat to the workplace, falling into two main categories 

• Offenses That Threaten Life, Safety, or Property: These include serious acts like theft, fraud, violence, sabotage, using drugs or alcohol at work, or gross negligence that could cause danger. They also include embezzlement. In these cases, the employee’s continued presence at work could lead to immediate harm or serious loss to the company.
• Offenses That Threaten the Fairness of an Investigation: These involve actions like destroying or tampering with evidence, threatening or intimidating witnesses, breaking confidentiality during an inquiry, or serious insubordination that interferes with the disciplinary process.

Under Philippine labor law, particularly Department Order No. 147-15 and various rulings by the Supreme Court, the maximum period of preventive suspension is:

• 30 calendar days for most offenses
• In the construction industry, it is 15 days under DOLE D.O. No. 19, Series of 1993

If the investigation is not completed within this period, the employer must either:

1. Reinstate the employee, even temporarily, or
2. Extend the suspension, but this time, the employer is required to pay the employee’s wages and benefits for the duration beyond 30 days

Any extension without pay beyond the legally allowed duration is considered an illegal or constructive dismissal, which can subject the employer to labor claims and damages.

Despite being preventive and not disciplinary, due process still applies. Employers must observe the twin-notice rule:

1. First Notice (Notice to Explain) – The employee must be informed in writing of the charges against them and given a chance to respond, typically within 5 calendar days. 
2. Second Notice (Decision Notice) – After reviewing the response and conducting a hearing (if necessary), the employer must issue a written decision stating the action taken, including preventive suspension if applicable. 

The employee must be clearly informed of the reason, duration, and terms of the suspension. Failure to follow these steps may render the suspension invalid and open the company to legal risk.

Employees have the following rights during preventive suspension:

• Right to due process: including the opportunity to respond to allegations
• Right to be informed: of the nature and duration of the suspension
• Right to reinstatement or paid extension: if the 30-day limit is exceeded without resolution
• Right to file a complaint: with the DOLE or NLRC if the preventive suspension is illegal or prolonged beyond allowable limits

Employees must also not be “constructively dismissed”—a legal term meaning they were forced out of work through unjust conditions. Overextending suspension or failing to resolve the case in time may be considered constructive dismissal.

To stay compliant and fair, employers should:

• Use preventive suspension only when absolutely necessary
• Document everything: from the notice to explain, minutes of investigation, and decision notices
• Avoid indefinite suspensions—always set a clear timeframe and update the employee
• If more time is needed, pay the employee beyond 30 days of suspension

Preventive suspension protects your business and your workforce while serious concerns are being investigated. To do it right, employers must balance protection with respect for employee rights: following clear rules, respecting due process, and keeping communication open. This approach helps create a safer and fairer workplace for everyone.

For more tips and insights about compliance and employee management and practical solutions for everyday HR challenges, check out our blog and thought leadership page.

You may also download our in-depth HR compliance guide to stay updated on the latest labor laws and best practices for managing HR processes in the Philippines.