Practice question
During a pandemic-related bona fide suspension, an employer announces an additional six months of floating status without meeting the employees in good faith or obtaining an extension agreement. It claims DO 215 automatically allows twelve months. Which is the best response?
- The claim is correct because every pandemic creates a twelve-month right
- The claim is incorrect because the extension requires the prescribed good-faith process and agreement, with reporting; it is not automatic
- The claim is correct if the announcement is posted on a notice board
- The claim is correct if no employee has a union
- The claim is incorrect only if the business has more than one branch
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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