Published by Department of Labor and Employment(DOLE) on Oct. 30, 2023.
Requested from DOLE by V. San Pedro at 09:31 AM on
Oct. 30, 2023.
Purpose: Enjoin what is right, forbid what is wrong.
Date of Coverage: 11/16/2020 - 10/30/2023
Tracking no: #DOLE-587848865870
D.DOMINGO
Oct. 30, 2023, 9:31 a.m.
Good day po, kami po ay Encoder sa isang call center company at nakafloating po kami more than a month na, ang sabi po ng employer namin wala daw po kaming matatanggap na benepisyo kapag nag voluntary resignation kaya po nag file po kami ng complain sa Dole(E-sena) online laban sa aming employer dahil ayaw po ibigay yung mga benepisyo namin. Nagbigay po ng schedule ang E sena para sa meeting namin via zoom (Nov. 8 and 14,2023).
Pwede ko po bang irecord yung meeting namin?
May atty. Po bang mag aappear sa meeting namin?
Paano po kung nasuhulan yung nasa gov. tapos kumampi sa employer namin?
J.BARBOZA
Oct. 31, 2023, 1:07 p.m.
October 31, 2023
Dear DANBERT,
Thank you for your request dated Oct 30, 2023 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for LABOR LAW.
We received your request on Oct 30, 2023 and will respond on or before Nov 20, 2023 09:31:36 AM, in accordance with the Executive Order's implementing rules and regulations.
Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPTEUtNTg3ODQ4ODY1ODcwDA, for request with ticket number #DOLE-587848865870.
Thank you.
Respectfully,
Jann Barboza
FOI Officer
M.VALEROS
Oct. 31, 2023, 1:45 p.m.
October 31, 2023
Dear DANBERT DOMINGO,
Thank you for your request dated Oct 30, 2023 09:31:36 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
You asked for LABOR LAW on benefits of resigned employees
The intricacies of work arrangements between a BPO company and its clients have made putting employees on “floating status” a regular happening once the offshore accounts have pulled out their Philippine operations. Placing employees on floating status is a prerogative of management, but exercising it should be fair and reasonable.
You may seek the assistance of the DOLE RO/FO having jurisdiction over your workplace to check if there is bad faith leading to possible constructive dismissal of employees behind it. As a general rule, the maximum period allowed for the application of floating status is six months. Exceeding that period would be considered as retrenchment.
An employee who resigned is not entitled to separation pay. Resigned employees shall only receive final pay for work rendered, pro-rated thirteenth month pay and unused service incentive leaves.
Single Entry Approach (SEnA) refers to the administrative approach to provide an accessible, speedy, impartial, and inexpensive settlement procedure of all labor and employment issues through a 30-day mandatory conciliation-mediation. Hence, at this point, there is no need for a lawyer to represent both parties.
With regard to the recording of SEnA proceedings, a consent must first be solicited from the parties. Further, there is NO need to record the proceedings as a draft minutes of the proceedings shal be presented to both parties for approval by means of your signatures after the meeting.
Further, you may still appeal the order to the NLRC if it will not be favorable to you.
Our responses were made based only on the facts that were presented. This opinion shall not be used in any administrative or court proceedings as this may change based on any undisclosed information vital to the issues presented.
Help us to continuously improve our FOI Program Implementation by completing the DOLE-FOI Request Feedback Form through this link: bit.ly/DOLE-FOIFeedbackForm
Thank you.
Respectfully,
Mark Valeros
FOI Receiving Officer
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