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    #42 - Ador v. Jamila and Co.

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    Kê Milan
    1. The petitioner was constructively dismissed after being placed on a floating status for over six months without pay. 2. Temporary floating status occurs when a security guard is between assignments after one client does not renew a contract. It is allowed for a reasonable time but constitutes constructive dismissal if it lasts over six months without pay. 3. As the petitioner was on floating status for over six months without pay, he is entitled to back wages from the date he was placed on floating status until the finality of the court decision.

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    #42 - Ador v. Jamila and Co.

    Uploaded by

    Kê Milan
    71 views1 page
    1. The petitioner was constructively dismissed after being placed on a floating status for over six months without pay. 2. Temporary floating status occurs when a security guard is between assignments after one client does not renew a contract. It is allowed for a reasonable time but constitutes constructive dismissal if it lasts over six months without pay. 3. As the petitioner was on floating status for over six months without pay, he is entitled to back wages from the date he was placed on floating status until the finality of the court decision.

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    #42_ADOR V. JAMILA AND CO.

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    1. The petitioner was constructively dismissed after being placed on a floating status for over six months without pay. 2. Temporary floating status occurs when a security guard is between assignments after one client does not renew a contract. It is allowed for a reasonable time but constitutes constructive dismissal if it lasts over six months without pay. 3. As the petitioner was on floating status for over six months without pay, he is entitled to back wages from the date he was placed on floating status until the finality of the court decision.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    71 views1 page

    #42 - Ador v. Jamila and Co.

    Uploaded by

    Kê Milan
    1. The petitioner was constructively dismissed after being placed on a floating status for over six months without pay. 2. Temporary floating status occurs when a security guard is between assignments after one client does not renew a contract. It is allowed for a reasonable time but constitutes constructive dismissal if it lasts over six months without pay. 3. As the petitioner was on floating status for over six months without pay, he is entitled to back wages from the date he was placed on floating status until the finality of the court decision.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    #42. ADOR V. JAMILA AND CO., et.al.

    G.R. NO. 245422, July 07, 2020

    ISSUE:
    1. Whether the petitioner was neither illegally dismissed nor constructively dismissed.

    INSTRUCTION LEARNED:
    1. Yes, the petitioner was constructively dismissed.

    Temporary "off-detail" or "floating status" is the period of time when security guards
    are in between assignments or when they are made to wait after being relieved from
    a previous post until they are transferred to a new one. It takes place when the
    security agency's clients decide not to renew their contracts with the agency, resulting
    in a situation where the available posts under its existing contracts are less than the
    number of guards in its roster. It also happens in instances where contracts for
    security services stipulate that the client may request the agency for the replacement
    of the guards assigned to it even for want of cause, such that the replaced security
    guard may be placed on temporary "off-detail" if there are no available posts under
    the agency's existing contracts. During such time, the security guard does not receive
    any salary or any financial assistance provided by law. It does not constitute a
    dismissal, as the assignments primarily depend on the contracts entered into by the
    security agencies with third parties, so long as such status does not continue beyond
    a reasonable time. When such a "floating status" lasts for more than six (6) months,
    the employee may be considered to have been constructively
    dismissed.

    The Labor Code does not provide a specific provision for temporary "off-detail" or
    "floating status," the Court has consistently applied Article 29243 of the Labor Code
    to set the period of employees' temporary "off-detail" or "floating status" to a
    maximum of six (6) month

    Where there is constructive dismissal, backwages must be computed from the time
    the employee was unjustly relieved from duty since it was from this point that his
    compensation was withheld from him. Petitioner's backwages, therefore, must be
    computed from May 12, 2012 or when the security agency put him on "floating status"
    without justifiable reason. Since separation pay is awarded here, backwages should
    be computed up to the finality of this Decision .

    RAQUEL Q. CANDELARIA
    JD 4A
    LABOR LAW REVIEW

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