This case has been cited 1 times or more.
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2005-12-16 |
CHICO-NAZARIO, J. |
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| In Superstar Security Agency, Inc. vs. NLRC,[16] we held that placing an employee on temporary "off-detail" is not equivalent to dismissal provided that such temporary inactivity should continue only for a period of six (6) months. Otherwise, the security agency concerned could be held liable for constructive dismissal under Article 286 of the Labor Code which reads:Art. 286. When employment not deemed terminated. The bona fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment by the employee of a military or civic duty shall not terminate employment. In all such cases, the employer shall reinstate the employee to his former position without loss of seniority rights if he indicates his desire to resume his work not later than one (1) month from the resumption of operations of his employer or from his relief from the military or civic duty. (Emphasis supplied.) Article 286 applies only when there is a bona fide suspension of the employer's operation of a business or undertaking for a period not exceeding six (6) months. In security agency parlance, being placed "off detail" or on "floating" status means "waiting to be posted."[17] Here, prior to his tour of duty in Pasay City, respondent had a regular posting, but he was dislodged by a newly-hired security guard and respondent had to be assigned to a client whose service contract was to end. Thus, there was no suspension of operation, business or undertaking, bona fide or not, that would have justified placing the respondent off-detail and making him wait for a period of more than six months.[18] In the same vein, the records are shorn of any indication that respondent had to be placed on temporary "off-detail" for lack of available post. VSAI just stopped giving respondent his assignment after his duty at the OWWA Parking Lot in Pasay City. | |||||