Book VI — Post-Employment
Article 286When employment not deemed terminated.
ELI5— what this means for you
If your employer legitimately suspends business operations for up to 6 months (like for renovation or a temporary downturn), your employment is not terminated. When they reopen, you must be rehired to your old position without loss of seniority — if you indicate your desire to return within 1 month of resumption.
Key point
Company closed for up to 6 months? Your job is legally on hold, not terminated. You have a right to return.
Official text — PD 442
When employment not deemed terminated.
The bona-fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment by the employee of a military or civic duty shall not terminate employment. In all such cases, the employer shall reinstate the employee to his former position without loss of seniority rights if he indicates his desire to resume his work not later than one (1) month from the resumption of operations of his employer or from his relief from the military or civic duty.
Title II
RETIREMENT FROM THE SERVICE
Source: lawphil.net (PD 442 as amended)
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Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on your specific employment situation, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.