Department of Labor and Employment

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Requested from DOLE by Jayvee Antiola at 08:10 PM on Aug 12, 2020.
Purpose: Inquiry
Date of Coverage: 08/12/2020 - 08/12/2020
Tracking no: #DOLE-190960428914

Jayvee 08:10 PM, Aug 12, 2020

Good day po inquire ko Lang po ano po dapat gawin my employer bounty fresh food binigyan po ako Ng memo na forlough hanggang October po tapos tinanong ko po hr namin Kung makakabalik pa po ba ako Hindi Naman po sumasagot ano po Ang dapat ko gawin po mahirap po kasi naghihintay ako hanggang matapos forlough ko baka Wala ako balikan kaso Hindi Naman po ako makapag hanap Ng bago trabaho kasi employee pa rin po ako Ng bounty fresh food inc tapos po kung mag  resign  Naman po ako baka Wala po ako makuha kasi po Ang Sabi po sa baras pag tinanggal Lang po tsaka may makukuha sa company salamat po

Jann 12:41 PM, Aug 16, 2020

August 16, 2020

Dear Jayvee,

Thank you for your request dated Aug 12, 2020 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Inquiry.

We received your request on Aug 12, 2020 and will respond on or before Sep 02, 2020 08:10:24 PM, in accordance with the Executive Order's implementing rules and regulations.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPTEUtMTkwOTYwNDI4OTE0DA, for request with ticket number #DOLE-190960428914.

Thank you.

Respectfully,

Jann Barboza
FOI Officer

Mark 02:46 PM, Aug 16, 2020

August 16, 2020

Dear Jayvee Antiola,

Thank you for your request dated Aug 12, 2020 08:10:24 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
You asked for Inquiry on "furlough."

The Memorandum that you received from your employer regarding “furlough,” is tantamount to placing you on a floating status. 

The legal basis for “Floating Status” is Article 301 of the Labor Code which states the following:
WHEN EMPLOYMENT NOT DEEMED TERMINATED
The bona fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment by the employee of a military or civic duty shall not terminate employment. In all such cases, the employer shall reinstate the employee to his former position without loss of seniority of rights if he indicates his desire to resume his work not later than one (1) month from the resumption of operations of his employer or from his relief from the military or civic duty.

There is no termination of employment during the bona fide suspension of business operations. The establishment simply temporarily suspends its operations for legitimate and valid reasons, including but not limited to, serious financial losses or business reverses, force majeure, failure to obtain a permit or license to operate, or due to a lawful order by a competent authority – , work stoppage order by the DOLE, or cease operations from the LTFRB for public transportation, etc.

The current economic impact which many of our businesses have experienced had left them with no choice but to implement cost cutting intervention to continue its operations. Placing workers on a floating status is not unlawful as stated above. 

It should be stressed, however, that the floating status must not go beyond the six (6)-month period allowed by law. If your employer fails to assign you after the expiration of the six (6)-month period, you will be deemed to have been constructively dismissed. Consequently, you will be entitled to receive separation pay pursuant to the Labor Code of the Philippines.

We hope that we have addressed your concern. 

Thank you.

Respectfully,

Mark Valeros
FOI Receiving Officer

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