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Question regarding article 286

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1 Question regarding article 286 on Tue May 28, 2013 12:59 pm

m13n


Arresto Menor
Hi atty. First time to post here. I have 2 question regarding lng po sa Article 286.

According to labor code 286
When employment not deemed terminated. — The bone 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 rights if he indicates his desire to resume his work not later that one (1) month from the resumption of operation of his employer or from his relief from the military or civic duty.

My first question is, is it allowed under this article to suspend some of the employees and continue with the operation? We are not even informing our clients of the company's situation

Second question is, those who are placed under suspension, they will surely look for a job to compensate for the months that they are suspended, would this be considered as their resignation or severance of working relationship with the company even though they plan to return as soon as they are called back to work? As stated that as long as they are able to resume their work not later than 1 month.

Thank you and God bless

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