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Floating Status while LOB is active on another site

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AzraelKaine


Arresto Menor
Hi everyone. I am currently in need of clarification regarding a situation I'm currently facing at my employ. I have been working for the same company here in Metro Manila for almost 5 years now under the same LOB (Line of Business). Some time last year a new site was erected in the province and started hiring for the same LOB that we cater. Around the same time I was asked to be transferred to the site, but since this would mean renting a place there and no additional salary or allowance was mentioned, I respectfully declined. A short time ago, while hiring was continuous at the provincial site, people from our site (from the same LOB), were either being transferred or being placed on floating status. Later on with the number of agents from the said LOB in our site in Metro Manila dwindling down, my position as support became redundant. I mentioned redundant because this was the term they used when they talked to me about the issue. Soon after, I was placed on floating status.

My question is this, since according to the law, Art. 286 Off-Detailing or Floating requires a condition termed as "bonafide suspension of business or undertaking", Is the floating status placed on my employment by by employer legal and binding?

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council


Reclusion Perpetua
It may be legal and binding since there is no business or undertaking of the LOB at your location and you did not want a transfer. So they will have to float you in the meantime while they look for other positions for you.

If you do not want to wait, you have an option to resign.

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AzraelKaine


Arresto Menor
It may be? Is there a more definitive article of law that may explain "Off-Detailing"? The site in Metro Manila has substantially lower manpower than before, but still functions. The main reason for my being put on floating status was that the position I held as support is in excess.

My mistake, the title should've been "Floating Status while LOB is still active and has another site."

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council


Reclusion Perpetua
AzraelKaine wrote:It may be? Is there a more definitive article of law that may explain "Off-Detailing"? The site in Metro Manila has substantially lower manpower than before, but still functions. The main reason for my being put on floating status was that the position I held as support is in excess.

My mistake, the title should've been "Floating Status while LOB is still active and has another site."

Yes "may be" since I do not know all the details.

Even if there is an LOB in MM but with less Ops people then naturally there will be less support people.

You don't want a transfer even if management offered, so you would be on float.

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AzraelKaine


Arresto Menor
I see. Not to sound ungrateful for the advice or argumentative, but isn't it conflicting that a floating status be given for an active account employee? The required condition for the status is not being met, and also for being being removed on the basis of redundancy, shouldn't there be some sort of notice provided to both DOLE and the employee concerned? Can you cite some legal articles that would provide some clarification with what you have stated and suggested sir.

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lukekyle


Reclusion Perpetua
suspension of undertaking just means suspension of your job/duties/position. the whole business need not be suspended.

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AzraelKaine


Arresto Menor
I see... so in essence, the only thing any company needs to justify putting an employee on floating status, is to remove the actual post the employee has and nothing else... disappointing to know.

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lukekyle


Reclusion Perpetua
yes. You can file constructive dismissal complaint if you can prove that they hired someone else for the exact position. Otherwise as long as floating status is not beyond 6 months its legal

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council


Reclusion Perpetua
AzraelKaine wrote:I see... so in essence, the only thing any company needs to justify putting an employee on floating status, is to remove the actual post the employee has and nothing else... disappointing to know.

The position is there - in a different location. But as you said, you declined it.

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