Department of Labor and Employment

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BPO employment guidelines during pandemic COVID-19

Requested from DOLE by Richard Estrimos at 10:17 PM on May 19, 2020.
Purpose: Research and development
Date of Coverage: 03/16/2020 - 05/19/2020
Tracking no: #DOLE-460112921681

Richard 10:17 PM, May 19, 2020

BPO employment guidelines during pandemic COVID-19

Hi DOLE! I'd like to know what is our rights about this matter.

One of our client's program will be pulled out due to pandemic crisis. With that, our company would like to have us on a total of 90 days floating status where we don't have a work and without pay.

1. Does the company violates the law?
2. Do we have rights to demand for a pay within that period?

Thanks and stay safe!

Jann 05:58 PM, Jun 18, 2020

June 18, 2020

Dear Richard,

Thank you for your request dated May 19, 2020 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for BPO employment guidelines during pandemic COVID-19.

We received your request on May 19, 2020 and will respond on or before Aug 11, 2020 10:17:11 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 http://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPTEUtNDYwMTEyOTIxNjgxDA, for request with ticket number #DOLE-460112921681.

Thank you.

Respectfully,

Jann Barboza
FOI Officer

Mark 08:04 AM, Jun 19, 2020

June 19, 2020

Dear Richard Estrimos,

Greetings!

Thank you for your request dated May 19, 2020 10:17:11 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

You asked for BPO employment guidelines during pandemic COVID-19.
The Covid 19 pandemic and the subsequent global recession has led to many of our BPO workers to be either in floating or ‘no-work-no-pay’ status during the lockdown.

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, failure to obtain a permit or license to operate, or due to a lawful order by a competent authority. Suspension of work may also be attributable to the bona fide suspension of an undertaking. 

The employer is allowed to temporarily suspend work due to bona fide suspension of business operations or undertaking for a period not exceeding six (6) months.

Thus, with regard to your first question, placing workers on a floating status is a valid exercise of management prerogative subject to conditions prescribed by law. With regard to your second concern on payment of workers within that period; this shall depend on the contract executed by both parties, otherwise the no work no pay shall apply.

Based on the foregoing, putting an employee on floating status is allowed by law subject to conditions. 

Attached herewith is the Department of Labor and Employment (DOLE) recently issued Labor Advisory No. 17, series of 2020, on the Guidelines on Employment Preservation Upon the Resumption of Business Operation. You may wished to discuss the various recommendations in the Advisory to your employer.

If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to <Secretary Silvestre H. Bello III>. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request.

If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).

Thank you.

Respectfully,

Mark Valeros
FOI Officer

Attachments:
 Labor-Advisory-No.-17-20.pdf

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