DOLE must resolve 'floating' status of some employees amid COVID-19, says Imee

The Department of Labor and Employment (DOLE) should release a clearer advisory on modified working arrangements amid the pandemic to prevent employers from putting workers on "floating" status for too long, according to Senator Imee Marcos on Wednesday.

She said DOLE Advisories Nos. 9 and 17 allow employers to adopt alternative work schemes and adjust wages and wage-related benefits for up to six months.

Though crafted with good intentions, the chair of the Senate committee on economic affairs said these advisories were "made in haste and lacked thorough review."

She pointed out that the DOLE should have considered the temporary nature of the community quarantines.

"Six months is too long for employees to be on floating status without pay during an economic crisis. Employees feel that their patience is being pushed to the point that they would just resign, so that their employers can void tenure and need not pay the separation benefits due for every year of service," Marcos said in a press release.

The DOLE's advisories did not specifically mention putting workers on floating status.

Advisory No. 9, nonetheless, encouraged employers and employees to "explore other alternative work arrangements in order to cushion and mitigate the effect of the loss of income of the employees."  

Advisory No. 17 also stated that "feasible work arrangements considering specific peculiarities of different business requirements" can be considered.

It was also stated in the advisory that the adjustments in wage and wage-related benefits shall be reviewed by the employers and employees after six months and may renew the same.

In filing Resolution No. 454, Marcos mentioned some complaints of call center employees which include non-payment of salaries in the past 60 to 90 days, and forced leave on maternity credits without assurance of being rehired.

"There is no more reason to put employees on floating status because we are now under GCQ in Metro Manila, where most call centers are located. The business process outsourcing sector was already allowed to operate at full capacity even under a stricter quarantine level," she added.

The senator said the DOLE should release a new advisory that would specifically give companies only a 30-day period to determine the employment status of their "floating" workers, and require them to provide a timetable on plans to bring back those who will be retained.

Marcos said the advisory should also allow companies to apply for retrenchment with the DOLE after a month of losing a significant amount of revenues.

"This would make for a labor advisory that is fair to all because it clarifies the status of both employee and employer," she said.

"Employees will be informed of their work status at the soonest possible time, while companies can avail of a remedy to cut losses, if indeed business has suffered such low volume and has put the company in the red," she added.

The unemployment rate in the Philippines soared to a record-high 17.7% last April, according to the Philippine Statistics Authority. That is equivalent to 7.3 million jobless Filipinos in the labor force.

National Statistician Claire Dennis Mapa said this reflects the effects of the economic shutdown to the Philippine labor market.

Labor Secretary Silvestre Bello III, however, said the number was neither "actual nor factual." —Dona Magsino/KG, GMA News