Last December, I was put on forced leave for ten days by my employer, together with 15 other colleagues. It was good I had another source of income, otherwise some of my payables would have not been paid.
Actually, the boss didn’t use the term “forced leave.” And she refuses to call it so. She just explained that the Philippines branch needed to cut costs for the month of December so that the U.S. parent would not close the operations in Makati. Whew! She further said that the U.S. is contemplating consolidating the Philippine operations into a location where costs are lower.
I visited the site of the Department of Labor and Employment (DOLE), but surprisingly I couldn’t find anything on forced leaves. It’s good the site accepts queries. So I sent the following query last December:
Sir/Madam: Does the Labor Code have provisions on forced leaves? I have searched all over the site and inside the Labor Code books/chapters and I can’t find something about forced leaves. Kindly please help me find them. And please email me the links. The only things that I’ve found on the Internet about forced leaves in the Phil. are discussions about it in tsikot.yehey.com forum. And of course, they’re not official views. I like to know if forced leaves are legal, as I was put on forced leave starting today together with about 13 others. We’re regular employees. My manager though doesn’t like to label it as forced leave because we’re not paid by the hour, but by the number of records we write. The managers argued that they need to cut costs for the month of December, which has a lot of holidays. Thanks a lot.
And hooray, the Legal Service of DOLE answered relatively fast!
Dear Ms. Nora:
Work days may be reduced on account of losses. The reduction in the number of regular working days is resorted to by the employer to prevent serious losses due to causes beyond his control, such as when there is a substantial slump in the demand for his goods or services or when there is lack of raw materials. This is more humane and in keeping with sound business operations than the outright termination of the services or the total closure of the enterprise.
In situations where there is valid reduction of workdays, the employer may deduct the wages and living allowances corresponding the days taken off from the workweek, in the absence of agreement specifically providing that a reduction in the number of workdays will not adversely affect the remuneration of employees. This view is consistent on the principle of “no-work-no-pay”. Furthermore, since the reduction of workdays is resorted to as a cost-saving measure, it would be unfair for the employer to pay the wages and living allowances even on unworked days that were taken off from the regular workweek.
Thank you for writing.
Legal Service, DOLE
*Please be advised that this email address will only be used to answer email queries sent through our comments and inquiries section. Kindly send your questions through our comments and inquiries section in www.dole.gov.ph
Im a regular employee in a private company. Is it right to implement forced leave wherein we are only practicing skeletal force due to spread of covid 19? And its a no work-no-pay…thank you.
Im a regular employee in a private company. Is it right to implement forced leave wherein we are only practicing skeletal force due to spread of covid 19? And its a no work-no-pay…thank you.
I was scheduled as a skeletal force on June 1-15, 2020 (working @ NGA Regional Office in Cebu City) I was not able to report because of lockdown status and no plane and shipping lines available going to Cebu city coming from Bukidnon where I am residing. My immediate supervisor forced me to charge the days I wasn’t able to report during ECQ Status of Cebu City on June 1-15, 2020. I am the only employee who filed a Vacation Leave during that time… Is this allowed? Where my co-workers have been allowed by our supervisor to work from home status. and also I was deleted from the payroll from July 1 to September 15, 2020, but I was working from home with google timesheet attendance during office hours.
Hi! may i ask mam, sa case naman na i-advice ng employer na non-work day because of the typoon. then after morethan a week we were told to file this as leave, okay lang ba un?
Tanong ko lang po kung paano po gagawin ng mga empleyadong nailagay sa force leave simula ng nagkapandemic hanggang ngayon nakaforce leave pa po kami.. legal po ba ang pagbibigay ng isnag kompanya ng force leave? at kung halimbawang magresign kami sa company at agency na naglagay saamin ng force leave mababayaran po ba kami?.
I would like to ask about forced leave because I have been working at this company for 17 years but because of Covit- 19 I was put on forced leave with some of my coworkers and it has been 6 months now from March 2020 through September 2020 and still on forced leave so my question is it legal to be put on forced leave for this long noting that we are no work no pay?
Hi Legal Holidays while on forced leave can be paid?
Good morning. Fifteen years na ako sa work ko in these company. Gusto ko ng mag early retire kaso hinde pa ako 50 years old. Is there a provision in the law na pwede ako makatanggap ng retirement pay or separation pay regardless of a young age? Sa collective bargaining agreement po kasi namin is 50 years old ang early retirement. please advise.
thank you and God bless
I just would like to ask a legal way how my company can save employee cost due to our income as of now is very low because of the arising virus issue which affected all hotel industries. The company struggling to find guests but unfortunately a lot of flights here in the Philippines canceled and no foreign guest coming to some other hotels.
My question is the management advise the regular employee to have force leave while one of out employee subject for regularization may also be affected and his post as regular may behold as he also part of the force leave employee.
One more thing if it will happen is it applicable by philippine law?
I hope to hear from you soon with the appropriate things to do regarding this matter.
Thank you and God Bless
Tanong ko lang po, kapag po ba ang empleyado ay naka monthly salary at kinailangang iforce leave, ay babawasan ang kanyang sweldo?
I was force to leave next month february,there reason is they don’t want me to be stress in my work,cause i work in a massage spa but I’m only a receptionist i don’t do massage,they told me I once got spotting during my pregnancy last december but for my self i can still work,but for them they want me to force to leave,my question is can i have my separation pay?I work for 7months in the spa can i have my separation cause i will be force to leave,i can’t come back after i deliver my baby they say.
Pede po ba akong mag file ng complaint sa company ng wife ko? Umattend sya ng christmas party nila then nung sinundo ko lasing na lasing. Nakita ko yung HR nila sa labas pina pa lapit ko para tanungin bakit sya nag ka ganun biglang sabi sakin wag ko daw syang uutusan dahil ndi ko daw sya pina pa lamon. Gusto ko lang naman tanungin bakit ganun kalasing wife ko ano yung pina inom nila. Gang nag init na rin ako at nagtalo na kami nung HR. May karapatan po ba akong mag complaint sa Hr at sa Kumpanya ng misis ko since dapat pina palagaan nila ang safety ng kanilang empleyado?
Hi Mystery, it’s sad na puedeng mag-enforce ang companies ng forced leave kung ito lang ang paraan para magpatuloy ang business at hindi magsara. Pero dapat mag-file sila ng notice of forced leave sa DOLE regional office. About managers, I think so, kasali, pero I’ll check again. I hope you can find another job.
I just asking if force leave for off season such as resort company are illegal also if we the force leave can implement not only for rank and files employees but also to the managers?
I just asking if force leave for off season such as resort company are illegal also if we the force leave can implement not only for rank and files employees but also to the managers?
from Leah. We have our annual physical check up evey year and i was diagnosed with PTB category One. i was advice by my doctor for 7 days leave. i notified my employer . Howevr, they filled a leave of abcense for me for 3 weeks additional with out consulting me. i did mot complain about it due to i was afraid of being discrimated by my co workers and the management. i am back to work now. i want to know if i can file a aick leave for 3 weaks they leave they submitted for me. if i will resign due to this illness can i get a separation pay?
ako Rin po pinag forced leave po ako 20 days na po at Ang sabi po sa dole Cebu babalik
po ako sa trabaho kahit na Ang totoo po ay bankrupt Ang aming companya..kanila Naman pinagbigyan Ang ibig nang companya na aking pinag tatrabahoan.ang gusto ko Lang Naman ay
Hindi mapunta sa wala Ang aking pinaghihirapan.iyan Lang po.
sa mga namomroblema po sa floating status/forced leaves without pay, punta po kayo sa NLRC main office sa QC. kung gusto ninyo bayaran kayo ng kumpanya ng separation pay sa halip na nakatunganga for weeks or even months, magfile po kayo ng complaint at paghaharapin kayo ng representative ng kumpanya ninyo. the NLRC arbiter will advise your company to pay you separation pay via redundancy or retrenchment, and the company will likely settle the issue rather than have a record with the NLRC. syempre po, yung separation pay ay depende sa length of service ninyo sa kumpanya. hope this helps.
Hi. Since I can not attend a school activity outside of the campus because of family concerns, I am asked to file a leave during the dates for said activity. Is this legal?
Sana po matulongan nyo ako kc ang gulo na ng isip ko. Kc walang wala ako out of financial kc ako.
Na diagnose ako ug PTB and then sabi ng general manager ko to file a leave for 6 months para hindi daw ako ma awl . Mababayaran pa ba iyon incase the company terminate me.
I am fely who diagnose PTB my general manager told me to file leave for 6months . Is it ok
Dole should revise their law…if the employer cannot afford a staff than they should pay them a separation fee and move on and not abuse the law.
Hi Pedrito, yes, sadly there are remedies that companies can do to avoid paying redundancy or separation payments. And the cost of bringing a case to DOLE or to the courts are beyond what employees can afford. Plus the cost of time, stress and lost opportunities. There are times when resigning and moving to another job is a better choice.
So if they cannot pay the staff and forced them to leave for so many days without money or pay because the company is not in good situation why not just pay them a redundant or separation pay so that they have time and money to find another job then suffer with the company. A lot of company is abusing poor employees because of your rules or law. Your law protects the company what about employees?
Seriously lots of very good info.
My company is forcing all the staff to attend a 3-day corporate team building out of town (Monday-wednesday). If a staff will not attend he/she will be forced to use his/her leaves (with pay) for those days. Does my company have the right to force all employee to attend company team building? Is it right to deduct my leave balance for that reason? We can still work naman even if there almost all attend the event since we have clients abroad and deadlines to meet.
Thank you so much for your assistance on this.
I would like to ask that if it is ok of DOLE RULES were on force leave more than 6mons. And were work in 2 days in 1 week.
hi/hellow matanung ko lng po. may karapatan po bang mag bawas ng isang araw ang isang kumpanya na walang pinapakitang or papel or force leave galing sa dole na pinapahintulutang bawasan ang pasok ng isang araw insted na 6days ang pasok ay ginawang 5days? at ang payslip ay nakalagay ay 6days ang bilang subalit 5days lang ang pasok? itoy isang taon nang ginagawa ng kumpanya… pls help me regarding this isue.. thank you
Hi I have a 6 months pregnant coworker…she was forced leave… legal ba pagforce leave sa kanya na ang reason eh dahil lang buntis sya…single mom sya kaya kelangan nya ng work bago manganak dahil wala sya ibang inaasahan kundi sarili nya
na force leave din ako from dec 22, 2016 at agad agad kaming pinapirma ng paper na kami ay na force leave. and ang panget na nangyari na desolve yung position namin ay kami ay pinag aapply sa bagong posisyon na mas mababa. ngayon kung di ako mag aapply sa bagong posisyon. kailangan ko mag wait till 6 mos. at sa loob ng 6 mos di kami nagkaroon ng posisyon saka lang daw nila kami babayaran. legal ba ang ginawa nila samin?
Hi, I was asked to be on forced leave this January 3-8 2017, which means I will already be using unearned leaves for the year 2017. It will affect any plans that I have as I will no longer be able to file anymore leaves until I earned the ones that will be prematurely spent.
Is this legal? Please advise.
I am a regular employee for 3 years and believe to be entittled to all benefits, in case it matters.
Hi ask ko lang po my brother has been hospitalized and diagnosed with tb. After he is suggested by the doctor to have a sick leave for a month. After one month he was given a fit to work certification bu thw doctor. But the company wont let him repot to work because of his bmi is still very low. As for our understanding he was not yet requested to rwport from work because of his condition and thwy want him to finish the 6 month medication. His vl was already consumed. May benefits pa po ba siya na marereceive like salary or 13th month or sss sick leave until he completed the 6 month medication? Pls enlighten lang po. Salamat
Hi Claire, I had notes about Forced Leave since 2009, the year I wrote about my own experiences about Forced Leave. Since you asked about it, I continued my temporarily-stopped research, and wrote an article. It’s not yet complete, but it already has lots of info. I hope I can answer some of your questions. Ask again, if you have, so I can also see what things I missed, and I hope I can answer. I’ll say I don’t know the answer if I really don’t know. Here’s my post: Notes on Forced Leave. I’ll try to complete this post tonight.
Hi. I was put on forced leave, starting September 2016 until now, together with the rest of the staff because our current Presidents wants a stop on online gambling. My question is how long can the employer put us on forced leave? and is forced leave legal? I have searched everywhere and I can’t seems to find answers to my question. I hope you can enlighten me. Thanks in advance!
Hi Victoria, forced leave kayo dahil lang sa wala pang atm? Ang allowed reason for forced leave is itigil muna ang pasok kasi walang project na matrabaho so huwag muna pumasok ang mga employees para ma-save yong company at hindi mag-close. At dapat sinasabi yan ahead of time sa employees. You can write DOLE here: DOLE complaint page.
Hi, hi, regarding “force leaves”, our employer will place us on a force leaves due to lack or requirements “no atm – salary on hold” Please DOLE, help me to understand further about this force leaves. hoping for your immediate response. Thank you
hi, my mother has been given a forced leave for about 2 weeks twice and the hr confirmed that her leave will be noted as paid however the company hr only give a VL form signed by the president as per HR without a name. I do not think the company is having a financial problem as they are processing for company expansion. I strongly believe that its their way to lay off regular employees who are servicing them for a long time and its quite alarming that they are indirectly bringing up the subject about resignation and early retirement. From the given reason, may we ask what are the possible sop in confronting about this issue with their management. appreciate your kind response. thank you so much.
hi, regarding force leaves, our employer said they will place us on a force leaves because of out of stocks for about a week, without pay. Thus, we are the one who made money for the company and also a regular employee.
Please DOLE, help me to understand further about this force leaves.
hoping for your immediate response.
Hi Nora! Regarding forced leaves, our sister compnay’s HR said that forced leaves should be paid and the holidays within it, unless if we pass some requirements to DOLE. It’s somehow opposing to your replies. Can you expound and by any instance, do you know what are the requirements? Thank you.
Hi Jerome, that’s sad and horrible. Call your HR and ask them about the posting and why they did not call you back instead. If they don’t respond positively, you can go to DOLE and ask for help.
I was placed on forced leave January 27, 2016. Downturn of Business, reason given for such action reflected on the Forced Leave document advising me that as soon as business improves, I will be called back to resume employment as I am a Regular employee.
However, I have found Job Postings for the same position I held to be open and need for filling external hires. This came as a shock, hiring someone else rather than putting me back, is a stab to the face. I have both, Forced Leave document and screenshots from both my mobile and laptop of the Job Posting for BDM.
Please advise should I take this further? Am I entitled to compensation from their indiscretion?
Hi Erica, sad to say, yes, even if there seems to be a bad intent, basically they can because they can always invent proofs that there are no raw materials, no orders, etc. The DOLE’s requirement is they should notify the DOLE office that has jurisdiction over their location, using the DOLE form titled Report on the Adoption of Flexible Work Arrangements During Economic Difficulties and National Emergencies.
And another sad truth is that employees need to risk their money, time and effort and even their current jobs to be able to file legal complaints and they’re not even sure they’ll get a favorable result.
Hi Erica, sad to say, yes, even if there seems to be a bad intent, basically they can because they can always invent proofs that there are no raw materials, no orders, etc. And another sad truth is that employees need to risk their money, time and effort and even their current jobs to be able to file legal complaints and they’re not even sure they’ll get a favorable result.
Hi Ana Dorothea, sad to say, even if the motive for the force leave seems to be with bad intent, the legal holiday is not paid. And it’s truly sad that employees need to spend a lot of time, money and effort if they plan to make legal complaints of which the result is not always favorable to them.
Can the employer declare “No Production” on monthly paid employees and afterwards declare it as forced leave to minimize payment on unused Vacation Leaves?
Hi, if an employee was subject to a force leave by his employer before a legal holiday, is the legal holiday paid or not? Thank you
The employer may file temporary closure of business.
However, your employer should notify DOLE
Hi Arlen, I had an experience in Force leave with my previous employer. I was the HR officer then.
Since you are on leave without pay on the day immediately preceding the holidays, you are not entitled to Holiday pay.
However, for humanitarian reason, we considered paying the holidays of our employees on forced leave. It’s not the fault of the employees that the company has no production that time.
Hi, are the force leave employees entitle to have their legal holiday pays ??
They were force leave last December 2015. So they assume somehow that they are entitle since their status is not resign. Force leave lang for the mean time.
we’re more than 6 mos. on forced leave, what can we do? is long forced leave covered by the labor code? thanks a lot
Hi Paolo, I haven’t found any definitive law or DOLE policy on forced leaves. What I’ve read is that companies are allowed to reduce the number of regular working days if the company is suffering from serious losses and if the purpose is to prevent the company from closure due to losses. You can ask DOLE about your case here: http://www.dole.gov.ph/queries/submit
Hi Venus, thanks for your comment and notes. There are quotes in your comment — I wish you have time to comment again and write your source. Thanks a lot
Hi princess, yes, forced resignation is legal if it’s redundancy or retrenchment, meaning if there’s duplication of positions (redundancy) or if this is done to cut costs in order to prevent the company from closure (retrenchment). Yes, there should be separation pay, which is one-month pay for every year of service if redundancy, and half-month pay for every year of service if retrenchment. Ask others too
“Force leave is not a term coined under the Labor Code of the Philippines. In layman term, it may mean that an employee has no work and not receiving salary, by the principle of “no work no pay”.”
But the employee is still considered an employee of the company until his/her resignation.An employee is considered an employee of the institution, on the first month to succeeding days until probationary to regularization……… The six months probationary period is the period where the employee is given the chance to prove that he/she is capable to do a work.
Under Art 4 of the Labor Code of the Philippines. All doubts in the implementation and interpretation of the provisions of this Code, including its implementing rules and regulations, shall be resolved in favor of labor.
I suggest for hr to term their employees as cases for project employees and seasonal employees, part time…. depending on the contract of employment so that emotional sentiments, or strained relations will not happen.
About the principle of “no work no pay” – this is valid under the Labor Code of the Philippines but became discriminatory on the part of the working class, who depended their living and everyday needs on their wage.
“If an employee on force leave would seek remedy, he/she can file a formal complaint with a lawyer who is to submit the affidavit to proper gov’t agency. Because, it is unfair for employee to be on the situation while employer has to comply with the processes and procedures for propagation of their businesses, not at whims and caprices of the majority because labor and management are on equal footing”.
If mag resign nalang ang employee, he/she will process for her clearances and separation pay is given, bec an employee will receive her 13th month pay after one month of service and succeeding. But it is okey to file a formal complaint by a lawyer who will submit it to proper gov’t agency about the force leave. “Force leave,a term not used in Labor Code”, while Collective Bargaining Agreement exist to protect the rights of employees…. If to save the company from losses, why not term it redundancy, cost cutting and cost saving devices……
“Well, remedy for employee is to file a labor case so that proper action could be taken otherwise transfer one company to another in order to save the economy of the country”. If many would aire their grievances in order to protect the working class, strike or welga ng bayan is valid under the Labor Code of the Philippines or consult a labor union and grievanced employees (working class) be helped. or consult to Ombudsman.
An employee can only be terminated for just and authorized causes by due process of law. We respect investors and businessmen prerogatives in the market place for economic growth but the employees are never left without a consideration, under the Labor Code of the Philippines, on jurisprudence.
– Anyone can seek help from Commission on Human Rights or any Labor Sectoral Organization.
Is forced resign legal? Can I get my separation fee if force resigned by the employer?
How about if we are put on forced leave for two months? We were told the company needs to recover costs as production has gone down. Is that legally allowed that we are put on forced leave without pay for two months without any warning? Thank you po and God bless
Hi Lance, based on DOLE’s policies, forced leaves can be enforced to help a struggling company from closure. I’m puzzled that it’s only you that was given a forced leave. Was it only you? Yes, truly that’s inhumane, as you say the company is doing well. I’m not sure if it’s good to advise you to fight the forced leave, or to begin looking for another job. There’s a DOLE page where you can write your inquiry: http://www.dole.gov.ph/queries/submit
Hi Ms. Nora, I was reading all your replies regarding forced leave. I just want to include my current situation. I am on force leave for two weeks because my supervisor told me so without any reason at all. The company is doing well. I asked the hr regarding this and they answered me that our supervisor can give us force leave as much as he wants. But I think it’s inhumane for I also have family to feed and bills to pay. Is there any rule with DOLE regarding this. Thank you.
Sir maam pano if ganito ang sabi ng management if six months d n tawagan at fl ka authomatic terminated kana ibig sbhn b nun wala kng makukuha saka pano kinukumpyut ung tinatawag nilang back pay? Talaga bang may back pay? Ilan araw o bwan makukuha? No work no paid anu anung clasesng company saklaw neto?
Hi alex, it’s for notification of the DOLE Regional office covering the company’s workplace, and not for approval. It’s in the DOLE Department Advisory No. 2 Series of 2009. But I think not all companies give notification and they’re not being warned or penalized
Hi, does DOLE require every employer to seek first its approval prior to implementing the force leave? Thank you. Alex
Hi fritz, I’m sad to know about that. Your company should manage individual cases, as there are pregnant women who can work well even if pregnant. They should apply their policy only to women with fragile conditions. I think every pregnant employee should talk with the HR manager about her situation. About labor law, please write your inquiry here at DOLE page: http://www.dole.gov.ph/queries/submit
how about pregnant employees who have been asked to file a leave even if they’re still in their first trimester? but the company had released a memo that when they reach 6 months of their pregnancy they need to file a leave even if they are still fit to work. however, in their present status ( 3 months pregnant) they become hassle in the operation because they always ask for EXCUSE ABSENT due to their morning sickness.
Hi danvil, what I know is that forced leave can be used on both regular and probationary employees. But DOLE requires companies to plan forced leaves and to file these with DOLE. What is difficult in these situations is that it’s easy for companies to argue their case with DOLE, like we need to impose forced leaves to prevent closure, etc. etc. I just hope you can think of a sideline. Or other job options. Yes, it’s not easy to resign, as they might not give you your benefits. I’m sad I cannot advise further.
Hi Nora, may I ask if cost-cutting is applicable to Regular employees? for example, my boss would say don’t come to work tomorrow as there’s no work or no Job Order. They want me to come to work only if there’s a job order or whenever they want me to come to work. so terrible, I’m already with the company for 16 years, they do these always to us
Hi neil, I wish you came to know of their practice earlier so you could have prepared and timed your resignation. Obviously, I can’t know your company’s reason, but there are companies that assume that employees resigning/leaving might do something to the company’s system before leaving, so they do that. But other companies aren’t like that — they even ask resigning employees to train their replacements. What you can do? I think filing a complaint or lawsuit is too expensive and too stressful, so since you’re already resigning, I suggest you just make sure you get all your last pay and benefits, and then prepare for your next job. Ask also office mates that you can trust.
good morning. i recently filed my resignation letter with my company, in compliance with the policy of one month notice period. they accepted my resignation, but i was surprised they want me to file a vacation leave starting the day after i filed my resignation. i told them why would i do that? they cannot give me any valid reason. the HR coordinator just told me…. ” basta yan ang sabi ni ma’am (HR Mnager)”, what action can i do about it? thanks hope you can help me.
ask ko lang po if regular po ang employee at nagdeclare po ang company na magpoforce leave beacuse na of na kaunti lang ang sales po ang pumapasok. Sa 2 years na employed at 1 time lang nag leave ang employee. Kapag nagforce leave po ba ay ano lang po ang dapat na di bayaran ng employer? at anu po ang dapat na bayaran ng employer sa employee?
Hi gary, sad to say, many companies lack compassion; they refuse to see the effects on families if the breadwinners don’t receive salaries for 2 months. There’s also that possibility of not being called to return to work after 2 months. And companies can make DOLE view them favorably in many forced-leave cases. Your group can complain to DOLE, but be ready for undesirable consequences, or you can find another source of income (yes, sadly, easier said than done, but others have done it). Take care and pray.
Hi! we’re being put on force leave by our company for 2 months because our division has no workload but other divisions have workloads. they cannot say that they are losing money because this year they are even giving performance bonus. they just want to put us on force leave to lessen operational cost but the company is green. is that right? Thanks!
Hi Robert, yes, indeed, it’s puzzling that they did not give the option of termination with 1 month pay for every year of service, considering that there’s only 1 person involved. Will the compensation impoverish them? And yes, the furlough option is cruel, and leads anyone to doubt the company about its reasons or motives. The second option is also hurtful to one’s self-esteem and psyche, specially if the position is managerial, supervisory or requires professional license. Was termination with redundancy pay suggested by the employee and was denied?
About furlough, I think they meant forced leave, which according to the DOLE flexible work arrangements advisory, is used only for the purpose of cutting business losses. Sorry I’m not qualified to make legal comments. The post above was based only on my own experience and research. I hope though that you’ll be able to get your redundancy compensation and move on.
Read a lot of articles regarding redundancy but most revolve around the contest of the legality of the termination of employment. Found no case similar or close the following..
Management reorganized, declaring a certain post would redundant and decided to distribute the functions to other departments instead.
Employee was informed of the redundancy however, rather than terminating the employment (due to the redundancy) and compensating the employee, management decides to offer a lower level function without change in compensation or be on “furlough” status for a maximum of six months.
While on furlough, management would look for other posts aligned to the employee’s qualification and employee would have to go through the regular hiring process and employee would not be paid invoking the “no work, no pay” doctrine. Only after the period stated (six months) would the employee be compensated if no suitable position is found.
Also, during this period, employee is forbidden to work in other companies otherwise, he/she would be deemed resigned or violated the dual contract restriction of our labor code.
!. Since management has stated that the employee was redundant, doesn’t the employee have the right to assert to be redundiated instead? Is the employee limited to whatever the company decides to offer?
2. Is this furlough arrangement legal? Is this even humane?
3. Can companies place an employee on furlough status for a period of their choosing? Isn’t there a “humane” cap/limit?
4. Isn’t this tantamount to “harassment” by management to avoid paying compensation? Uncertain source of income would leave no option but for the employee to resign instead and get the first available job in order to survive, waiving the separation pay entitlement.
5. Isn’t the second offer to be given a lower level post with no change in compensation a case of “creative demotion?”
6. Is the employee bound by the “Furlough” arrangement assuming that it is against the labor code or void of due process?
Hoping for the above to merit your interest and attention.
Hi jenny, sad to say, your Christmas holidays will not be paid because you’ll be on forced leave (and not paid leave) on Dec 23, the working day immediately before the Christmas holidays. Ask others too
May I ask if holidays are paid if the day before the holidays were declared by the company as forced leave for probationary employees?
Just like this week, our last day of work was last Dec.19,2014, holidays (dec. 24-26) were considered as absent.hoping for your answer.thanks
Hi Alex, you can go to DOLE together with your co-workers and ask. But you should always be ready to look for another work in another company. With the costs and time needed to fight a company plus the stress and risks, I think it’s better if you start looking for a better company to work for. But of course this is only my opinion — ask others too.
Hi! 1yr+ n me regular s isang garments printing company, dis yr humina work load nmn at start n kmi ng force leave, mdalas 1 day lng pinapasok nmn s 1 wek, almost a yr n kmi gni2 ctwasyon, legal p po b i2, pa2long nmn po mlaman kng legal p b 2, d me kc mkaaccess sa dole website, ayw nmn mgsarado ng kompanya kht 1yr n wla hlos kmi gawa, kc d nmn daw lugi, pero lam nmn n w8 lng tlga ng employer nmn n mgsawa kmi at kusa mgresign ng s ganun wala cla byaran ng seperation pay, slamat po s 22long, godblesss
Tanong ko lang po.,kasi recently yung typhoon GLENDA naapektuhan yung CLARK ECONOMIC ZONE.my question is this.,nasa third shift po kami bale 11:30pm ang shift namin, ngayon inabisuhan kami na walang pasok ng gabi tapos i-file daw namin ng VL yung di namin pagpasok ng gabi dahil dun sa typhoon. di ba dineclare ng company na walang pasok.? bakit nila kami pinapag-file ng VL.? TAMA po ba yun.?
Dear sir / madam,
Does the labor code have provision about force leave due to sickness?
Here is my story. : )
I was diagnosed with TUBERCULOSIS (PTB). Doctor told me to take leave for a month and take medication.
But my employer, told me to take 2 months leave, to rest, and that means, i will use all my 15 VL AND 15 SL for this. Also, she told me to file sickness benefits to sss for the 2nd month of my leave. She let me sign a form with no specific days yet of my leave, though from the start I told her 1month was enough. I signed the form and when she returned it to me, it was already approved and 2 months leave was already indicated.
It’s ok for me to take a leave for a month, but not for more 2 months since this said month is no longer paid by my employer only the first month.
If after a month of medication, my doctor issued me fit to work certification, can our HR ignore the certification from my doctor And let me finish the remaining month of leave?
Hope to hear from you soon,
Hi bernadette, as far as I know, the word VTO is not yet in our labor code, as this is a practice started by call centers abroad to manage productivity. You’re right, VTO, as used in the US, is an option that employees can avail of, using the company’s VTO system. If your VTO equals many days, then that would be technically forced leave here in the Phils. I assume VTO is in your company policy or contract, as companies are always shrewd to protect themselves. It’s sad that based on observations, DOLE is soft on BPO companies and even on local companies about forced leaves. They always accept the companies’ argument of cost-cutting to prevent outright closure. Nevertheless, if you like, you can ask your question about VTO here: http://www.dole.gov.ph/queries/submit
And since bpo ung company
.nung tinanong namen ang management kung bakit sinabe lng nila na request un nang client at wala silang magagawa…by the way ang term pala nila na ginamit is VTO-voluntary time off…kahit hnd namen gusto un…sa pagkaka-alam ko dapat may consent from the employee pag vto..
Hi. Ok..sa pagkakaintindi ko
..force leave is legal as long as ang reason is to avoid companies from closing… but how bout proper notification? Na force leave kase kameng mga tenured we were advised 24hrs before the effective date of the said leave…and also ung mga newly hired employee ang may sched..I’m working from a BPO company ..
Hi Mark, sad to say that this forced leave issue really happens, specially for firms depending on seasonal projects. I think at this juncture, complaining to the DOLE will just waste your effort and time, as companies can always reason their way out. While waiting, look for another job.
I am having a problem when it comes to these kind of situation. I’ve applied for these company and they hired me. The signing of contract is done but the problem is that after 4 weeks or lets call it a month, they required us not to go to work for a month or two. The issue is still on process. Are these terms considerable to DOLE?
Hi kenji, you can ask help from DOLE to see if you have a good case. Initially, you can inquire through the DOLE website’s Contact Page. If they’re hiring new employees to avoid your higher salaries, then maybe you have a case, but consider also the time, stress, and cost of pursuing a case.
Hi, Pwede po bang mgforceleave ang isang company, kht wla nmng loss? kasi almost 20 yata kming na forceleave, although ung project nmin is running, ang gnwa nila itnransfer kmi sa ibang project, then dun kmi na forceleave, ang reason nila is na dissolve daw ung paglilipatan nmin, is it legal? kasi ang alm ko nghhire pa rin sila ng bago, pero ung mga na fore leave is hndi pa tntwagan, gano katagal ba ung maximum na force leave, or kng pwede kming mg file ng case sa company… thanks
Hi Winnie, sorry I’m not a labor lawyer, but I think if the company uses forced leaves to prevent the company from further financial difficulty and from closure and the company reports this forced leave remedy to the DOLE, then the forced leave is legal. I based my answer on DOLE’s advisory on Flexible Work Arrangements.
If an employer puts an employee on force leave or vacation leave ( with pay), does the employee have the right to say that this is illegal? Because it lessens her total vl ,even if the day was paid by the company?
Hi Jenerie, truly frustrating, pero kung low occupancy nga naman is walang perang pumapasok. What is also sad is that if we complain to DOLE, they really cannot do anything, they will just say “it’s because your company wants to survive, so it’s cutting cost, etc. etc”. Merong page sa DOLE for asking legal questions, http://www.dole.gov.ph/queries/submit , but ask anonymously so you won’t alienate yourself from your employer.
Hello I’m so confused about force leave, naka leave na ako sa time ng low season, and ngayon this December kailangan na naman daw mag force leave is that right? because its already peak season but we are suffering of low occupancy. The reason of my employer is we don’t have a marketing staff that’s why we are in low occupancy.
Hi jema, do you mean your school was not able to enroll new students? I wish your school had better strategic planning. Sana sinabihan na kayo in advance. You can write DOLE and ask about your situation on this page: http://www.dole.gov.ph/queries/submit
Gudpm po.can a private school asks knder 2 teachers to forceleave fr work since mga knder 2 students will b in gr 1 this january.so mga knder 2 tchers wla nang stdents n maituturo.mga tchers p dto ay permanent n po.ty
Hi Allan, sad to say, companies always win in cases like these because they can always say it’s for the survival of the company. You can ask DOLE about your case: dole.gov.ph — Click Contact Us and then Submit Legal Query.
panu po kung ang project ng company ay na divert lang at hindi nawala o na dissolve at ang ginawa ng company ay pinag force leave nila at walang nakalatag na plano para sa mga empleyado na kung tutuusin ay nilipat lng sa probinsya ang trabaho.
Hi dennis, doon sa DOLE code about forced leave, walang nakalagay na specific number of months… nakasulat ay several weeks or months, basta huwag lang daw permanent, at basta ang reason ng forced leaves and other flexible work skeds is to save the company from getting closed.
what if kung ang employee ay iforced leave up to 6 mo.pwede ba yun?
Hi Machelle, doon sa rule sa flexible work arrangements, wala namang nakalagay kung ilang forced leaves in a year. Binibigyan ng Labor Dept ng leeway ang company na mag-declare ng forced leaves during economic difficulties daw to save the company and save jobs.
Good morning po. May rules po ba sa force leave? Like for example dapat 2 to 3 times lang pwede mag force leave ang company within a year kapag nag force leave ulet within a year magsara na lang ang company?
eh pano kaya yung forced leave na 2days..kasi sarado yung deparment, stop ang operation, dahil may outreach program..yung mga hindi sumama..dapat mag forced leave?
Hi Jhun, sad to say, DOLE gives considerations to employers because of the employment situation in the country. I’m a bit negative due to my past experience, but employers can always present valid and legal reasons for forced leaves using their lawyers. You can read about forced leaves at pinoylawyer.org — although I’m not affiliated with this forum, I like that the lawyer there is answering as many Qs as he can.
Hi, forced leave confuse me a lot, I have also look into the net (DOLE site)for possible answer but end up nothing. I am wondering , if this is applied consistently to no work, no pay, how is this substantially affect the monthly paid regular employee (rank and file employee) my employer is planning to put us to forced leave and if we want or rather I want to be paid on those affected days I have to file a leave . Is this legal?