MANILA — The Department of Labor and Employment (DOLE) said regular employees who would be terminated during the temporary closure of Boracay may file charges against their employers.
According to DOLE Undersecretary Dominador Say, employers may face illegal dismissal charges for laying off workers.
“Definitely, it will fall under illegal dismissal complaint. And the ball will be in the hands of the terminated employee,” he said in an interview Tuesday.
“For example, if an employee is terminated within the six-month period during the suspension of operations, they can run to court to allege illegal dismissal,” the DOLE official added.
Under the law, suspension of operation that will not exceed six months will not result to termination, Say noted.
“If they are terminated and the reason given them is the suspension of operations, that is not an allowable action,” he explained.
But, Say added that only regular employees or those covered by the security of tenure clauses can take such actions.
On the other hand, he noted that affected employees will be allowed to seek employment during the period the island is closed.
“Yes, of course (they can seek other jobs). Our emergency employment is just for one month. What they will do in the five months they have no work. Employers should not deny the opportunity for their workers to find temporary work,” Say added.
“As I said the employees affected by the temporary suspension they have one month to report back to their work the moment the closure is lifted. If they did not return to their previous job because they are happily employed in their current job then he will be considered as resigned,” he explained.
On Monday, the DOLE reminded establishments in Boracay against terminating their workers.
Labor and Employment Secretary Silvestre Bello III urged employers to observe the principle of “No Work, No Pay” or require the employees to go on forced leave through their leave credits.
Some 17,000 registered workers and over 9,000 unregistered laborers are expected to be affected by the temporary closure of the island resort. (PNA)
