Department of Labor and Employment(DOLE)

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Date: July 14, 2021, 12:03 p.m.

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Date: 2021-07-15 13:34:54.000000

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Date: 2021-07-17 20:42:36.000000

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Rendering of Notice period for resignation while on furlough/floating status

Published by Department of Labor and Employment(DOLE) on July 14, 2021.
Requested from DOLE by J. Invencion at 12:03 PM on July 14, 2021.
Purpose: Inquiry
Date of Coverage: 06/03/2021 - 07/09/2021
Tracking no: #DOLE-917803648191

M.REAL July 14, 2021, 12:03 p.m.

Hi, I would like to know if it is still mandatory that I render the notice period on my contract if I resigned while I am on furlough/floating status? They don't want to confirm my last day. June 2 - I received a notice from my employer that I'll be on furlough effective June 3 and hope to resume on July 19 (we're only informed that they'll be placing us on furlough on May 28 since some of us received a letter earlier May 28, with the furlough taking effect immediately on May 31) July 9 - I submitted my resignation while still on furlough and requested for a shortened notice period, 2 weeks

J.BARBOZA July 15, 2021, 1:34 p.m.

July 15, 2021 Dear Mary Antoniette, Thank you for your request dated Jul 14, 2021 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Rendering of Notice period for resignation while on furlough/floating status. We received your request on Jul 14, 2021 and will respond on or before Aug 04, 2021 12:03:21 PM, 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://foipmo12062019175959-dot-efoi-ph.appspot.com/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPTEUtOTE3ODAzNjQ4MTkxDA, for request with ticket number #DOLE-917803648191. Thank you. Respectfully, Jann Barboza FOI Officer

M.VALEROS July 17, 2021, 8:42 p.m.

July 17, 2021 Dear Mary Antoniette Real, Greetings! Thank you for your request dated Jul 14, 2021 12:03:21 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. You asked for Rendering of Notice period for resignation while on furlough/floating status. The Department Order No. 215 Series of 2020, Rules Amending Section 12 of Rule 1, Rules Implementing Book VI of the Labor Code on Suspension of Employment Relationship which was issued on 23 October 2020 did not mention of the need to complete the one month notice period during the furlough, that is on the assumption that the period is still on the period of the furlough. But since based on your letter, there will be an overlap on the expected work resumption with the period of one month notice, there is a need to clear the matter with your employer for the purpose of turning-over of your task to the one who will assume your work. You may seek the assistance of the DOLE Regional/Field Office having jurisdiction to your workplace for conciliation and mediation proceedings if warranted. Thank you. Respectfully, Mark Valeros FOI Receiving Officer

Attachments:

DO-215-20-Rule-Amending-Section-12-of-Rule-I-Rules-Implementing-Book-VI-of-the-Labor-Code-on-Suspension-of-Employment-Relationship(20).pdf - Mark Valeros - [email protected]

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