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Private Employer Options and Remedies on Personnel Tenure and Movement Amid Quarantine

The ensuing challenges brought about by the quarantine, enhanced quarantine and/or lockdown have also raised fundamental concerns on the options and remedies of employers regarding the tenure and/or movement of their personnel.

An employer may consider options and remedies generally classified as ranging from those that do not involve reduction or adjustment of wage and working schedule of employees, to those that involve termination of employment.

We break down the specific questions and answers.

Q: What are the options that do not result in termination of employment?

A:   Some of these notable options are: (a) Work from Home [WFH], (b) Flexible Working Arrangements [FWAs], (c) Compressed Work Week [CWW], and (d) bona fide suspension of business operation not exceeding six (6) months.

Q: What are the options that result in termination of employment?

A:   These options refer to the authorized causes for termination of employment under the Labor Code on Closure of Establishment and Reduction of Personnel, namely: (a) installation of labor-saving device, (b) redundancy, (c) retrenchment to prevent losses, or (d) closure or cessation of business operations.

For the full Q/A, you may click HERE.

For any questions, you can send us an email at [email protected].

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