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Tag - off-detail status

17 May

Floating Status that Exceeds Six Months Does not Automatically Result in Constructive Dismissal

While there is no specific provision in the Labor Code governing the floating status or temporary off-detail of employees, the Supreme Court (SC), applying Article 301 of the Labor Code by analogy, considers this situation as a form of temporary retrenchment or lay-off. Article 301 of the Labor Code provides that 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 [...]

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05 Jun

Floating Status Principle Does Not Apply Where There Are Several Clients On Company’s Roster

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Floating status or temporary off-detail of workers employed by agencies is implicitly recognized in Article 301 of the Labor Code which speaks of situations of temporary retrenchment or lay-off due to valid operation issues. The situation applies not only in security services but also in other industries. However, in the case of Telus International Philippines, Inc. vs. De Guzman (G.R. No. 202676, December 4, [...]

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