Practice question
A business suspends operations during a pandemic, then reopens. It keeps a regular worker on floating status for more than six months without a valid extension agreement or another established lawful basis. The employer relies only on the fact that a pandemic existed. Which analysis best follows Polintan?
- The pandemic alone validates every length of suspension
- The indefinite exclusion is not cured by the pandemic label and may constitute constructive dismissal under the stated facts
- Reopening erases every previous employment relationship
- An extension agreement is presumed from the worker’s need for income
- The worker must remain unpaid until the employer voluntarily sends a recall letter, regardless of time
Legal references
- https://lawphil.net/judjuris/juri2024/jul2024/gr_268527_2024.html — Polintan v. Malabanan, GR 268527, July 29, 2024, main decision; Article 301 and full text of DO 215-20 section 1 amending Book VI Rule I section 12.
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