Being suspended from work is stressful. It becomes even more upsetting when you discover that co-workers who committed the same (or worse) violations were not suspended at all, or received lighter penalties. In Philippine labor law, that situation is often referred to as disparate discipline or unequal treatment.

This article walks through what that means under Philippine law, when it can be illegal, and how to bring the issue before the Department of Labor and Employment (DOLE) and, where appropriate, the NLRC.

I. Legal Foundations: What Protects You?

Several laws and principles come into play when you are suspended while others are not:

Constitutional principles
- Security of tenure – Workers cannot be dismissed—or effectively sidelined—without just or authorized cause and due process.
- Equal protection / non-discrimination – Similarly situated employees should be treated similarly, unless there is a valid and reasonable basis to treat them differently.
Labor Code of the Philippines (as amended)
- Just causes for termination (e.g., serious misconduct, gross neglect). Suspension is usually imposed for violations related to these grounds.
- Due process – The “twin-notice” and hearing requirement for disciplinary actions.
- Management prerogative – Employers have the right to discipline employees, but that right must be exercised:
  - In good faith
  - In accordance with company policies
  - Without discrimination or abuse
Company rules and regulations
- Your employer’s Code of Conduct or Employee Handbook is crucial. It should define:
  - What offenses exist (e.g., tardiness, theft, insubordination)
  - The corresponding penalties (e.g., written warning, 3-day suspension, dismissal)
- If your penalty is harsher than what’s in the handbook—or harsher than that imposed on others for the same offense—this can support a claim of unfair or discriminatory discipline.
DOLE’s role vs. NLRC’s role
- DOLE (Regional Offices):
  - Handles labor standards complaints (wages, benefits, OT pay, 13th month, etc.).
  - Administers SEnA (Single Entry Approach)—mandatory conciliation/mediation where all labor disputes usually start, including those that may later go to the NLRC.
- NLRC / Labor Arbiter:
  - Handles illegal dismissal and often illegal suspension cases.
  - Awards reinstatement, backwages, damages, etc.

In practice, even if the main issue is “illegal suspension,” your first stop is often DOLE for SEnA before a formal complaint is filed with the NLRC.

II. What Is “Disparate Discipline”?

Disparate discipline occurs when:

Two or more employees are similarly situated (same offense, similar role, similar circumstances), but
They receive different disciplinary penalties (e.g., you get a 15-day suspension, the other gets a verbal warning), and
There is no reasonable, objective basis for the difference.

Important: Not every difference in penalty is illegal. Employers may validly distinguish based on:

Prior infractions (e.g., you have prior warnings, the other does not)
Position and responsibility (e.g., supervisors held to higher standards)
Actual involvement (e.g., the other person had a lesser role in the incident)
Evidence strength (e.g., the proof against you is stronger)

It becomes problematic when:

The rules say “same offense = same penalty,” but your case is treated more harshly; or
The real reason appears to be union activity, whistleblowing, personal grudge, or discriminatory motive.

III. Types of Suspension You Might Encounter

1. Disciplinary Suspension

This is a penalty after a finding that you violated a company rule. Key points:

Must be based on a valid cause under company rules and the Labor Code.
Must follow due process (twin notice + hearing).
Must be proportionate to the offense and consistent with how others are treated.

2. Preventive Suspension

This is not a penalty but a temporary measure while the investigation is ongoing, usually where the employee’s continued presence poses:

A serious and imminent threat to the employer’s property, or
To the life or safety of co-workers.

Common features:

Usually limited to up to 30 days (beyond that requires justification and often pay).
Should not be used as a shortcut punishment or harassment.

Red flags:

You are preventively suspended but others involved in the same incident continue working normally, despite posing similar risks.
The preventive suspension is used repeatedly or extended without valid reason or pay.

IV. Due Process: Was the Suspension Properly Imposed?

Even if the cause exists, failure to follow procedure can make a suspension illegal.

1. The “Twin-Notice Rule”

For disciplinary suspension:

First Notice (Notice to Explain – NTE):
- Must state the specific acts you allegedly committed.
- Must identify the rule violated.
- Must give you a reasonable period to submit a written explanation.
Opportunity to be heard:
- Can be a formal hearing or conference where you:
  - Present your side
  - Bring evidence or witnesses
  - Ask questions
Second Notice (Notice of Decision):
- Must state the findings, reason, and the penalty imposed.

If you were suspended without any notice, or the process was clearly rushed and one-sided, that’s a strong procedural defense—even if some misconduct occurred.

V. When Suspension Becomes “Unfair” or “Discriminatory”

Your suspension may be questionable if:

Same offense, different penalties
- You and a co-worker commit the same violation (e.g., late submission of report).
- You receive a 10-day suspension; they get a verbal counseling.
Pattern of singling you out
- Repeatedly harsher penalties for you compared to teammates.
- You’re always the only one formally charged.
Protected activity involved
- You’re a union officer or member active in organizing.
- You reported illegal acts or safety violations.
- After that, you suddenly become the target of harsher discipline.
No rational explanation from management
- HR or your supervisor cannot point to:
  - Your prior offenses
  - Your higher level of responsibility
  - Clear evidence showing your larger role, etc.

When these happen, you may argue:

Illegal suspension / unfair labor practice (ULP) if it targets union or concerted activities.
Constructive dismissal if repeated unfair suspensions make continued employment intolerable, leading you to resign.

VI. Evidence You Need to Prove Disparate Discipline

To support a complaint based on disparate discipline, gather:

Your own documents
- NTEs, Notices of Decision, suspension orders.
- Preventive suspension orders or internal memos.
- Your written explanations.
Company policies
- Code of Conduct / Employee Handbook.
- Matrix of offenses and penalties.
- Any HR memos on uniform application of rules.
Evidence about co-workers’ treatment
- Copies (or photos) of their NTEs and sanctions, if you have lawful access.
- Affidavits or written statements of co-workers stating:
  - The violation they committed
  - The penalty they received
- Screenshots of emails, chat messages, or announcements where management admits lighter penalties for others.
Evidence of motive
- Messages showing hostility because of your union membership, complaints, or whistleblowing.
- Timing (e.g., suspension shortly after you filed a grievance or joined union activities).
Timeline
- Dates and sequence of events: incident, NTE, hearing, suspension, co-workers’ cases.

You don’t have to have everything perfect before going to DOLE, but the more documentation you have, the stronger your case.

VII. Where and How to Complain: DOLE and Beyond

1. Start with Internal Remedies (If Available)

Before going outside:

File a written grievance following your company’s grievance procedure or CBA (for unionized workplaces).
Escalate to HR in writing, stating:
- That you were suspended
- That others similarly situated were not
- That you believe this is unfair or discriminatory

Keep copies of all communications; they can show that you attempted good faith resolution.

2. DOLE’s Single Entry Approach (SEnA)

Most labor disputes now start with SEnA:

You file a Request for Assistance (RFA) at the DOLE Regional/Field Office where:
- You work or
- Your employer’s office is located.
In the RFA, you can state issues such as:
- “Unfair or discriminatory suspension compared to similarly situated employees.”
- “Non-payment of wages during illegal suspension.”
- “Retaliation for union / complaint activity.”
A SEnA conference (conciliation-mediation) is scheduled where:
- You and your employer meet with a DOLE officer (SEnA Desk Officer).
- The officer helps you explore settlement (e.g., lifting or shortening the suspension, payment of withheld wages, correction of records, etc.).
If an agreement is reached:
- It is documented in a settlement agreement before DOLE.
If no settlement is reached:
- DOLE issues a referral or endorsement (depending on the case) to the proper forum:
  - NLRC for illegal suspension/dismissal and related monetary claims.
  - DOLE’s labor standards enforcement for clear labor standards violations.

3. Filing a Formal Complaint After SEnA

If SEnA fails:

Illegal suspension / constructive dismissal / ULP:
- File a case with the NLRC Labor Arbiter.
- Attach your documents and RFA referral.
- Allegations may include:
  - Suspension without just cause
  - Suspension without due process
  - Disparate or discriminatory discipline
  - Retaliation (if applicable)
Labor standards issues (e.g., wages not paid, 13th month, etc. that also arise while you’re suspended):
- File a complaint with the DOLE Regional Office for labor standards enforcement (if not already handled).

VIII. Prescriptive Periods (Deadlines to File)

Time limits matter; filing too late can bar your claims:

Illegal suspension / constructive dismissal / damages Often treated similarly to illegal dismissal actions which generally must be filed within four (4) years from when the cause of action arose (e.g., from the date of suspension or constructive dismissal).
Money claims (unpaid wages, benefits):
- Three (3) years from the date each claim accrued.
Unfair Labor Practice (ULP):
- One (1) year from the occurrence of the ULP act.

It’s safer to act early rather than later, especially when union issues or repeated harassment are involved.

IX. Burden of Proof: Who Has to Prove What?

In disputes involving suspension:

Employee (you) must show:
- That a suspension or disciplinary action occurred.
- That there are comparators—other employees who:
  - Committed the same or similar offense.
  - Were treated more leniently.
- That your suspension appears harsher without clear justification.
Employer must then justify:
- The valid cause for your suspension.
- That due process was followed.
- The basis for the different penalty, such as:
  - Prior infractions in your record.
  - Different roles/responsibilities.
  - Different degrees of participation.

If the employer fails to justify the disparity or the penalty is grossly disproportionate, the suspension can be declared illegal or considered as evidence of bad faith or ULP.

X. Possible Remedies and Outcomes

If you succeed in your complaint (whether via settlement or decision), possible outcomes include:

Recognition that the suspension was illegal
- Recording the suspension as void or invalid in your personnel records.
- Lifting of ongoing suspensions, if still in effect.
Payment of wages and benefits
- Backwages for the period of illegal suspension.
- Restoration of benefits, including leave credits if wrongfully deducted.
Damages and attorneys’ fees
- Moral and exemplary damages in cases of bad faith, malice, or harassment.
- Attorneys’ fees (usually a percentage of monetary awards) if you were compelled to litigate.
ULP-specific remedies
- If linked to union or concerted activities, additional remedies may apply, including stronger penalties for the employer.
Reinstatement / Continuation of employment
- For extreme cases where suspension leads to constructive dismissal, reinstatement and full backwages may be ordered.

XI. Practical Tips If You Believe You’re Being Singled Out

Document everything
- Keep all notices, emails, and HR communications.
- Maintain a timeline of incidents, suspensions, and your complaints.
Avoid emotional outbursts on record
- Be firm but professional in your written replies.
- Avoid social media rants that might be used against you for other offenses.
Ask specific questions in writing
- Example: “I was given a 10-day suspension for [offense]. I understand that similar incidents involving other employees resulted only in a written warning. May I respectfully ask why a different and heavier penalty was imposed in my case?”
Coordinate with your union, if any
- If you are unionized, use the grievance machinery and seek assistance from union officers or counsel.
Seek legal advice when possible
- DOLE Labor Assistance Centers and some NGOs provide basic legal orientation.
- For complex or high-stakes cases, consulting a lawyer can be very helpful.

XII. Sample Outline for a DOLE RFA / Complaint (For Guidance Only)

If you are filing a Request for Assistance (SEnA) or a subsequent complaint, you might structure your allegations like this:

Parties
- Your name, position, length of service.
- Employer’s name, business, and address.
Facts
- Date of incident(s).
- Offense alleged against you.
- Notices received (NTE, decision).
- Details of your suspension (dates, duration).
- How co-workers who committed similar acts were treated (names, roles, penalties, if known).
Grounds
- Suspension without valid cause (if applicable).
- Suspension without due process (if notices or hearing were lacking).
- Disparate / discriminatory discipline: you were penalized more harshly than similarly situated employees.
- Possible retaliation for union activities or prior complaints (if applicable).
Reliefs Sought
- Declaration that suspension is illegal/unjust.
- Payment of wages and benefits for the period of illegal suspension.
- Correction of records (removal or adjustment of disciplinary entries).
- Damages and attorneys’ fees (for formal case at NLRC).
- Any other equitable relief (e.g., guarantee of non-retaliation).

This is not a substitute for legal drafting by a lawyer, but it can guide you in explaining your situation clearly.

XIII. Final Thoughts

Being suspended while others walk free naturally feels unfair. Philippine labor law does not automatically forbid all differences in disciplinary outcomes, but it does prohibit:

Discipline without valid cause
Discipline without due process
Discipline used as a tool for discrimination, harassment, or retaliation

If you’ve been suspended and believe that similarly situated co-workers were treated more leniently without valid reason, you have the right to:

Question the decision internally.
Bring the issue to DOLE through SEnA.
Pursue formal remedies before the NLRC and DOLE Regional Office if needed.

If you’d like, I can help you draft a more specific, situation-based outline or sample RFA/complaint using the facts of your own case.