Practice question
During a valid emergency extension, retrenchment becomes necessary. Management claims that the extension eliminates separation pay and that the first six months of suspension must be excluded from its computation. Which response best states DO 215’s rule?
- Both claims are correct
- Only the exclusion of the first six months is correct
- Only the elimination of separation pay is correct
- Both claims are incorrect: applicable separation pay remains protected, and the first six months of suspension are included in its computation
- Separation pay becomes optional whenever employees found temporary alternative jobs
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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