Department of Labor and Employment(DOLE)

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Date: Oct. 13, 2023, 1:10 p.m.

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Date: 2023-10-17 15:48:41.000000

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Date: 2023-10-17 16:15:59.000000

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Violation of Employment - Floating Without Notice

Published by Department of Labor and Employment(DOLE) on Oct. 13, 2023.
Requested from DOLE by J. Nunez at 01:10 PM on Oct. 13, 2023.
Purpose: Report a Company Violation
Date of Coverage: 10/13/2023 - 10/13/2023
Tracking no: #DOLE-848623911115

J.NUNEZ Oct. 13, 2023, 1:10 p.m.

Violation of Employment - Floating Without Notice Company Name: Fusion BPO Philippines Address: 7th Floor, Robinsons Cybergate, Fuente Osmeña, Cebu City 6000 Greetings in the name of God the highest! Last Sep 19, 2023, Fusion BPO surprisingly sent us home as they claimed that the client decided to shutdown but this was never communicated officially and not proven to be true. Employees were advised that we will be placed on floating status with automatic No Work No Pay. This was done without following the 30 DAYS ADVANCE NOTICE requirement.

J.BARBOZA Oct. 17, 2023, 3:48 p.m.

October 17, 2023 Dear Jeff Carl, Thank you for your request dated Oct 13, 2023 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Violation of Employment - Floating Without Notice. We received your request on Oct 13, 2023 and will respond on or before Nov 03, 2023 01:10:51 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://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPTEUtODQ4NjIzOTExMTE1DA, for request with ticket number #DOLE-848623911115. Thank you. Respectfully, Jann Barboza FOI Officer

M.VALEROS Oct. 17, 2023, 4:15 p.m.

October 17, 2023 Dear Jeff Carl Nunez, Thank you for your request dated Oct 13, 2023, 01:10:51 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. 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 no bad faith leading to 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. 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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