Philippine Bar review · Question

Practice question: Floating Status (See also DO 215, s. 2020)

Multiple Choice Hard

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?
  1. The pandemic alone validates every length of suspension
  2. The indefinite exclusion is not cured by the pandemic label and may constitute constructive dismissal under the stated facts
  3. Reopening erases every previous employment relationship
  4. An extension agreement is presumed from the worker’s need for income
  5. 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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