Labor group slams new DOLE order extending forced leave

The militant labor group Partido Manggagawa (PM) today slammed a new order from the Department of Labor and Employment that effectively extends the floating status of workers beyond the maximum of six months provided for in the Labor Code. DO 215 entitled “Rule Amending Section 12 Rule 1, Rules Implementing Book VI of the Labor Code on Suspension of the Employment Relationship” was signed on October 23, 2020 by Labor Secretary Silvestre Bello.

 

“Extension of the floating status of workers beyond the six months maximum through a DO is illegal as it is tantamount to executive legislation. The water cannot rise above its source,” declared Rene Magtubo, PM national chair.

 

Magtubo cited that Article 301 of the Labor Code does not provide for an extension of the six month maximum of forced leave or floating status: “When Employment Not Deemed Terminated—The bona fide suspension of 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 the 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 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.”

 

The PM leader revealed that the labor coalition Nagkaisa labor groups is coordinating for a campaign for the repeal of the “blatantly pro-employer” DO 215 and to file a legal challenge at the Supreme Court.

 

“DO 215 is deceptively presented by the DOLE as an amendment to the existing implementing rules and regulations when in truth it revises the clear mandates of Article 301 of the Labor Code. In a tripartite dialogue, labor groups had expressed the opposition to the proposal on the grounds that it contravenes existing law and that it opens workers to employer abuse,” Magtubo elaborated.

 

He added that “This is another instance of DOLE’s social distancing from workers in the time of covid. Earlier DOLE released a series of orders and advisories such as DO 213 that suspended complaints and inspections and LA 17 that allowed diminution of wages and benefits. All these disadvantaged workers impacted by the lockdown. Labor’s challenge finally led to DO 213’s repeal by DO 214 which permitted the operation of the dispute resolution mechanisms for workers.” 

October 27, 2020