- Petitioner
- Federito B. Pido
- Respondent
- NLRC
- Citation
- G.R. No. 169812
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Carpio-Morales, J.
- Decided
- February 23, 2007
Whether prolonged suspension of security guard for over nine months constitutes constructive dismissal entitling him to backwages and reinstatement
Summary
Security guard Federito Pido was suspended for over nine months following an altercation with a supervisor, prompting him to file for constructive dismissal. The Labor Arbiter awarded separation pay, but the NLRC modified this to reinstatement only, reasoning that the employer offered alternative assignment. The Court of Appeals upheld the NLRC. However, the Supreme Court ruled that the prolonged suspension violated the 30-day limit for preventive suspension under the Omnibus Rules, constituting constructive dismissal. The Court ordered reinstatement with full backwages, emphasizing that employers must prove unavailability of posts when placing security guards on floating status and cannot indefinitely suspend employees pending investigation. The case establishes important precedents on constructive dismissal through prolonged suspension and the limits of preventive suspension in employment law.