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Temporary displacement

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1 Temporary displacement on Sat May 30, 2015 5:24 pm

Acgbb0630


Arresto Menor
I need a clear understanding on temporary displacement.

I'm working as a programmer in an IT company. Since we were not allocated in a project for a few months, we were now placed on temporary displacement invoking art. 286 of the labor code. But upon reading that article it is invoked when the business will close temporarily not longer than six months. This is not the case of the company I'm working with. Continue naman operation nila. I'm also a full time- regular employee.
1. Is it valid to invoke such rule?
2. Is it also legal that we were not given a notice? It was relayed to us Friday with effectivity the following Monday?

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2 Re: Temporary displacement on Sat May 30, 2015 7:36 pm

council


Reclusion Perpetua
Acgbb0630 wrote:I need a clear understanding on temporary displacement.

I'm working as a programmer in an IT company. Since we were not allocated in a project for a few months, we were now placed on temporary displacement invoking art. 286 of the labor code. But upon reading that article it is invoked when the business will close temporarily not longer than six months. This is not the case of the company I'm working with. Continue naman operation nila. I'm also a full time- regular employee.
1. Is it valid to invoke such rule?
2. Is it also legal that we were not given a notice? It was relayed to us Friday with effectivity the following Monday?

Yes, this is in effect a floating status, and is valid with the notice given.

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3 Re: Temporary displacement on Sun May 31, 2015 6:55 am

Acgbb0630


Arresto Menor
Let me just be clear. We were not project-based hired. Regular employee kami. But wala pa ma allocate right now that matches our skillset. Been with company for five years.

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4 Re: Temporary displacement on Sun May 31, 2015 2:23 pm

council


Reclusion Perpetua
Acgbb0630 wrote:Let me just be clear. We were not project-based hired. Regular employee kami. But wala pa ma allocate right now that matches our skillset. Been with company for five years.

Let me be clear as well.

If you were project-based, then they could easily terminate employment immediately. End of story.

You were put on floating status in the meantime that there is no assignment for you. And that's allowed.

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5 Re: Temporary displacement on Sun May 31, 2015 8:34 pm

Acgbb0630


Arresto Menor
Thank you for your answer. I have another one though. Is there a definite length of time that an employee can be placed on floating status? Kasi for now its for 30 days.

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6 Re: Temporary displacement on Sun May 31, 2015 9:02 pm

council


Reclusion Perpetua
Acgbb0630 wrote:Thank you for your answer. I have another one though. Is there a definite length of time that an employee can be placed on floating status? Kasi for now its for 30 days.

As clearly stated by Article 286 and mentioned in your first post - 6 months.

If after that time there is no suitable position or work for you then you are entitled to separation pay.

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7 Re: Temporary displacement Today at 10:25 pm

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