Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

During a valid extended suspension under DO 215, an employee finds alternative work but does not submit a written, unequivocal, voluntary resignation. May the original employer treat the alternative work alone as loss of employment under that rule?
  1. Yes, every alternative job is automatic resignation
  2. No, the order expressly preserves employment absent the specified resignation
  3. Yes, if the alternative job pays more
  4. Yes, unless the employee pays a reservation fee
  5. No, because employees are prohibited from finding any alternative work

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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