Department of Labor and Employment(DOLE)

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 . 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 - Mark Valeros - [email protected]