Name: Crizzle Elivera
Section: PM-G03
Classwork No. 6
1.What is due process?

Due process is a process by which an employee, who is accused of deviating
from the norms of behavior, is given an opportunity within a reasonable period
of time to explain or present his/her side about his/her behavior (LaborManagement Education on Employment Relations). Basically it guarantees that a
person has the right to the fair application of the law before they can be
imprisoned, executed, or have their property seized. This concept is responsible
for all the procedures that guarantee a fair trial no matter who you are.
2. What is preventive suspension?

As stated by the video presentation entitled “Labor-Management Education on
Employment Relations”, Preventive suspension is imposed on the employee
pending formal investigation of a reported violation. This cannot exceed 30 days
and must be accompanied by written notice. In addition, according to Omnibus
Rules in Implementing Labor Code, preventive suspension is not a penalty but a
disciplinary measure to protect life or property of the employer or the co-workers
pending investigation of any alleged infraction committed by the employee. It is
justified only when the employee's continued employment poses a serious and
imminent threat to the employer's or co-workers' life or property. When justified,
the preventively suspended employee is not entitled to the payment of his salaries
and benefits for the period of suspension.
3. Enumerate the rights of illegally terminated employees.

According to video entitled “Labor-Management Education on Employment
Relations”, the rights of illegally terminated employees are the following; First,
reinstatement. Reinstatement means restoration of the employee to the position
from which he or she has been unjustly removed. Second, backwages. It refers to
his/her compensations, including allowances and other benefits with monetary
equivalent that should have been earned by the employee but was not collected
by him or her because of unjust dismissal. It includes all the amounts he or she
could have earned starting from the date of dismissal up to the time of
reinstatement. Third, damages. If the dismissal was done in bad faith. Lastly,
attorney’s fees.