1) The core rights at stake

When an employer (a) withholds your salary or (b) prevents you from working (by barring you from reporting, removing access, telling you to “stay home,” placing you on “floating status,” or keeping you in limbo), two constitutional and statutory protections are usually implicated:

Right to security of tenure (you cannot be dismissed or effectively pushed out except for a valid cause and with due process).
Right to be paid wages on time (wages are protected by law; withholding is heavily regulated and often unlawful).

These issues often overlap: keeping you from working commonly leads to nonpayment, and prolonged exclusion from work without lawful basis can become constructive dismissal (a dismissal in effect, even if the employer never issues a termination notice).

2) Key Philippine legal framework (what governs this)

A. Constitution and public policy

Philippine labor policy favors the protection of labor, including just wages and security of tenure. Courts and labor tribunals generally construe doubts in labor cases in favor of labor, when supported by evidence.

B. Labor Code and labor rules

The Labor Code and implementing rules cover:

Timely payment of wages
Prohibitions on withholding and unlawful deductions
Employer remedies (disciplinary action, preventive suspension) and limits
Termination causes (just causes and authorized causes)
Remedies for illegal dismissal and money claims

C. DOLE and NLRC institutions

DOLE (Department of Labor and Employment): labor standards enforcement, inspections, and early settlement mechanisms (commonly through SEnA-type mediation/conciliation processes).
NLRC (National Labor Relations Commission): adjudicates illegal dismissal/constructive dismissal, reinstatement, backwages, and related monetary claims.

3) “Withholding salary” — what is generally illegal vs. allowed

A. General rule: wages must be paid in full and on time

Philippine law protects wages because they are presumed necessary for workers’ subsistence. Employers are generally required to pay wages regularly and within legally allowed intervals, and they must not interfere with employees’ use of wages.

Common unlawful patterns include:

Nonpayment or delayed payment without legal justification
Holding back wages “until you resign,” “until you return company property,” “until clearance,” or “until you sign a quitclaim”
Withholding final pay to force you to sign a release or waive claims
Arbitrary deductions for losses or “cash shortages” without due process and lawful basis
Refusing to release pay slips or payroll records to obscure nonpayment

B. Lawful deductions (generally permitted)

Deductions are typically allowed only when:

Required by law (e.g., withholding tax; SSS/PhilHealth/Pag-IBIG contributions; lawful garnishments), or
With the employee’s written authorization, and the deduction is lawful and not contrary to public policy, or
Allowed under specific rules (e.g., certain union dues/assessments under conditions set by law; limited arrangements that comply with wage protection rules).

Important: Even when a worker owes the company money, an employer generally cannot unilaterally “just deduct” from wages beyond what the law allows. The safer legal route is documentation, agreement, or proper proceedings—not hostage-taking of wages.

C. Deductions for loss/damage, cash shortages, or “accountability”

These are highly contested areas. As a rule of thumb:

Employers must show a lawful basis and observe due process (and in many situations must show the employee’s fault and that safeguards were followed).
Blanket policies that automatically deduct shortages without investigation often fail scrutiny.

D. Final pay (back pay) and clearance

“Company clearance” processes are common, but clearance is not a license to withhold earned wages indefinitely. Final pay may include:

Unpaid salary
Pro-rated 13th month pay
Unused leave conversions (if company policy/contract provides for conversion)
Other earned benefits and commissions (if already earned/vested under the plan)

If an employer uses clearance as a pretext to delay or deny pay, employees may pursue money claims and potentially damages, depending on circumstances.

4) “Stopping you from working” — understanding the employer’s possible labels (and your rights)

Employers may describe exclusion from work using different terms. The label matters less than the reality and legality.

A. Preventive suspension (disciplinary-related)

Preventive suspension is typically used when:

There is a pending investigation of serious misconduct, and
The employee’s continued presence poses a serious and imminent threat to life/property or to the investigation.

Key employee protections:

Preventive suspension is not a punishment; it’s an interim measure.
It is generally time-limited (commonly up to 30 days under implementing rules). If the employer wants to extend, it usually must either reinstate the employee or pay wages beyond the allowed period, depending on circumstances and rulings applied to the case.
The employer must still follow due process (notice of charges, opportunity to explain/hear, and decision notice).

Red flag: If the employer prevents you from working but never issues proper notices or never concludes the investigation, it may become unlawful exclusion and support claims of constructive dismissal or illegal suspension.

B. “Floating status” / “off-detail” (common in security services; can appear elsewhere)

This usually refers to a temporary status where a worker is not assigned to a post due to lack of client assignment.

Key employee protections:

There is typically a maximum allowable duration for bona fide “floating” arrangements; beyond that, it may be treated as constructive dismissal or separation requiring proper lawful handling.
The employer must show the layoff/off-detail is genuine, not a disguised dismissal.

C. Temporary layoff / bona fide suspension of business operations

Employers may temporarily suspend operations due to business reasons (e.g., downturn, calamity, closure for repairs).

Key employee protections:

Temporary layoff is generally time-limited (often discussed in Philippine labor practice as not exceeding six months, after which continued non-recall can be treated as termination).
If the employer effectively ends your employment, they must comply with authorized cause rules (notice requirements and, when applicable, separation pay).

D. Forced leave / “stay home until further notice”

If you are told not to report and are not being paid, ask:

Is there a valid legal basis (preventive suspension with limits, legitimate temporary layoff, authorized cause)?
Was there due process and proper documentation?
Are similarly situated employees treated the same way (or are you being singled out)?

A prolonged “stay home” directive without valid basis may amount to constructive dismissal, especially if it leaves you without income and with no clear return-to-work date.

E. Lockout (collective labor context)

A lockout has its own legal rules and is usually tied to collective bargaining disputes. If your situation is individual (not union/collective), tribunals are more likely to analyze it as illegal suspension/dismissal, constructive dismissal, or labor standards violation rather than a formal lockout.

5) Due process: what employers must do before disciplining or dismissing you

If the employer’s reason relates to alleged misconduct or performance, Philippine labor law requires procedural due process (often discussed as the “two-notice rule”):

First notice: written notice of the specific acts/omissions charged and the rule violated, with enough detail to allow you to respond.
Opportunity to be heard: you must have a real chance to explain (written explanation and, when warranted, a hearing/conference).
Second notice: written notice of the decision and the reasons for it.

If the employer skips these steps and simply blocks you from working (and/or stops paying you), that procedural defect strengthens a claim for illegal dismissal/constructive dismissal or illegal suspension.

6) Constructive dismissal: when “you weren’t fired” still counts as dismissal

Constructive dismissal happens when an employer makes continued employment impossible, unreasonable, or unlikely—effectively forcing the employee out.

Common examples connected to your topic:

Being barred from work indefinitely
Being placed on unpaid “floating” status without lawful basis or beyond allowable duration
Sudden demotion or drastic pay cut without valid reason and consent
Withholding wages to pressure resignation
Harassment or discriminatory treatment that drives resignation

If constructive dismissal is proven, the case is treated like illegal dismissal in terms of remedies.

7) Remedies: what you can claim and what outcomes are possible

A. Money claims (labor standards/benefits)

You may claim unpaid:

Basic wages/salary
Overtime pay, holiday pay, premium pay (if applicable)
Night shift differential (if applicable)
13th month pay (earned portion)
Commissions or incentives that are already earned/vested under the plan
Other benefits promised in contract, company policy, or CBA

B. Illegal dismissal / constructive dismissal remedies

Possible relief includes:

Reinstatement (return to work) without loss of seniority rights, and
Full backwages from dismissal up to actual reinstatement (or finality of decision depending on the case posture and remedy), or
Separation pay in lieu of reinstatement (when reinstatement is no longer viable due to strained relations or business realities), plus backwages as warranted.

C. Damages and attorney’s fees (case-dependent)

In some situations—especially where there is bad faith, fraud, or oppressive conduct—employees may pursue:

Moral damages and exemplary damages (not automatic; must be justified by evidence)
Attorney’s fees (often awarded in labor cases under specific circumstances, such as when the employee is compelled to litigate to recover wages)

D. Possible employer liabilities

Employers may face:

Orders to pay wage deficiencies and benefits
Administrative sanctions from DOLE
Potential criminal exposure under labor penal provisions in egregious wage withholding scenarios (applied case-by-case)

8) Where and how to assert your rights (practical pathways)

A. Start with documentation (this matters a lot)

Collect and preserve:

Employment contract, job offer, company policies
Payslips, payroll bank credit screenshots, time records, DTR logs
Messages directing you not to report or revoking access (email, chat, memos)
Notice(s) of suspension/charges, if any
Proof of work performed (deliverables, logs)
Names of witnesses/co-workers who know you were barred from work

B. Try formal written demand (optional but often useful)

A short, professional demand can:

Request release of unpaid wages/final pay
Request clarification of employment status and report-to-work instructions
Ask for copies of disciplinary notices or the basis for exclusion from work

Keep it factual; avoid emotional language; request a response by a reasonable date.

C. DOLE processes (settlement/enforcement)

Many workers first approach DOLE for:

Conciliation/mediation (early settlement)
Labor standards enforcement (especially for clear wage nonpayment)

DOLE can be effective when the dispute is primarily about nonpayment/underpayment and compliance with labor standards.

D. NLRC complaint (illegal dismissal/constructive dismissal + money claims)

If the problem is fundamentally that you were barred from working (a dismissal issue) and wages were withheld as part of that, NLRC is typically the forum for:

Illegal dismissal/constructive dismissal
Reinstatement or separation pay in lieu
Backwages and related monetary awards

In practice, many cases include both dismissal issues and money claims.

9) Time limits (prescription) you should know

Philippine labor claims have prescriptive periods that can bar recovery if you wait too long. Common rules discussed in practice include:

Money claims arising from employer-employee relations: often treated as 3 years from the time the cause of action accrued.
Illegal dismissal/constructive dismissal: often treated as 4 years (as an injury to rights) from the time of dismissal.

Because prescription analysis can be technical (and facts matter), it’s wise to act promptly and keep records of dates (last day worked, date barred from work, dates wages were due, etc.).

10) Common employer defenses—and how employees counter them

Defense: “Employee abandoned the job.”

Counterpoints:

Abandonment requires intent to abandon and an overt act. If you have messages showing you reported, asked to return, or were barred from entry, abandonment is weakened.

Defense: “We withheld pay because of clearance / unreturned property.”

Counterpoints:

Earned wages are protected; withholding as leverage is disfavored. The employer can pursue property/accountability issues separately and must follow lawful processes.

Defense: “It’s just preventive suspension.”

Counterpoints:

Ask for written notice, basis, and duration. Preventive suspension is time-limited and tied to a pending investigation with due process—not indefinite exclusion.

Defense: “Business slowdown; temporary layoff.”

Counterpoints:

Employer must show the layoff is bona fide and observe legal limits and notice requirements. Prolonged non-recall can be treated as termination.

11) Practical checklist if this is happening to you

Confirm your status in writing: “Am I on suspension, preventive suspension, floating status, or terminated? Please provide the written notice and basis.”
Demand payment of due wages: specify pay periods and amounts if known.
Show willingness to work: state you are ready to report and request instructions (this helps defeat “abandonment”).
Preserve evidence: screenshots, emails, memos, payslips, time records.
Escalate to DOLE/NLRC: especially if nonpayment continues or exclusion from work persists without valid documents.
Be careful with quitclaims: signing broad waivers for small amounts can complicate claims; read before signing.

12) Special situations worth noting

Probationary employees still have wage rights and due process protections; termination requires that the employer show failure to meet standards made known at engagement, with proper process.
Resignation under pressure (because wages are withheld or you’re barred) may be attacked as constructive dismissal if evidence supports coercion or intolerable conditions.
Remote work/access revocation: removal of system access + instruction not to work can be strong evidence of exclusion from work when combined with nonpayment.

13) What “strong evidence” looks like in these cases

Employees often succeed when they can show:

Clear nonpayment/withholding (missing payroll credits, payslips, payroll confirmation)
Clear exclusion from work (messages barring entry, access cut, HR instructions not to report)
Attempts to return/work (emails asking for schedule/access/clearance)
Lack of due process (no proper notices, no hearing, no decision notice)
Timeline consistency (dates match pay periods, memos, and events)

14) Bottom line

In the Philippines, an employer generally cannot withhold salary as leverage and cannot stop you from working indefinitely without a lawful basis and due process. If you’re being barred from work and your wages are withheld, the situation can support:

Money claims for unpaid wages and benefits, and/or
Illegal dismissal or constructive dismissal claims with potential reinstatement/backwages (or separation pay in lieu), depending on facts.

If you want, paste a brief timeline (dates you were told not to work, pay periods unpaid, any notices you received). I can map the likely legal classification (preventive suspension vs. temporary layoff vs. constructive dismissal) and list the specific claims that usually attach to that fact pattern.