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Date: Aug. 13, 2021, 1:31 p.m.

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Date: 2021-08-17 11:54:36.000000

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Date: 2021-08-17 12:49:41.000000

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Rights of Furloughed Employees

Published by Department of Labor and Employment(DOLE) on Aug. 13, 2021.
Requested from DOLE by M. Sy at 01:31 PM on Aug. 13, 2021.
Purpose: Consultation
Date of Coverage: 08/05/2021 - 08/13/2021
Tracking no: #DOLE-562108914247

E.MELCHOR Aug. 13, 2021, 1:31 p.m.

Good day! I am a graphic artist employed under a company that handles hotel and estates for a little less than 3 years now. Currently, I was placed under "furlough status" while our company is continuously operating. 2 weeks ago, I was assigned with a regular assignment (regular = sure daily work) but the management said that they'll put me on furlough status and give the assignment to an outsourcing agency. 1) Does putting me on furlough status considered legal knowing that the company has means to pay for an outsourcing agency? 2) am I entitled to government mandated benefits?

J.BARBOZA Aug. 17, 2021, 11:54 a.m.

August 17, 2021 Dear Eliz, Thank you for your request dated Aug 13, 2021 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Rights of Furloughed Employees. We received your request on Aug 13, 2021 and will respond on or before Sep 03, 2021 01:31:44 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://realinagencies11072018-dot-efoi-ph.appspot.com/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPTEUtNTYyMTA4OTE0MjQ3DA, for request with ticket number #DOLE-562108914247. Thank you. Respectfully, Jann Barboza FOI Officer

M.VALEROS Aug. 17, 2021, 12:49 p.m.

August 17, 2021 Dear Eliz Melchor, Greetings! Thank you for your request dated Aug 13, 2021 01:31:44 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. You asked for Rights of Furloughed Employees. May we refer you to DOLE DO 215 s. 2020 (Please see attached). Cursory review of the facts that were presented points to circumvention of labor laws. In this case, may we advise you to ask the assistance of the DOE Regional Office having jurisdiction to your establishment for the conduct of complaint inspection. This opinion was given based on the information that were provided. 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(21).pdf - Mark Valeros - [email protected]

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