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    Date: 2023-11-20 18:02:21.883516

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    Date: 2023-11-21 17:21:17.413874

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Asking for the interpretation of P.D 442 Ate. 286

Requested from DOJ by D. DOMINGO at 06:02 PM on Nov 20, 2023.
Purpose: Asking for help
Date of Coverage: 10/31/2023 - 11/20/2023
Tracking no: #DOJ-017864785888

DOMINGO 06:02 PM, Nov 20, 2023 

Article 286. 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.

DOMINGO 06:15 PM, Nov 20, 2023 

Nagkaroon po ng mass temporary lay-off ang company namin, sila po na mga nakasama ay nagreklamo at nabigyan ng backwages ng company. Pagkatapos po noon ay nag rebranding ang company from Real Connect to Art Corp BPO, kami po na natira sa company mga ilang buwan lang po ang nakalipas kami naman po ang nasa temporary lay-off, kami po ay Encoder ng call center (not less than 2 years sa company) at nagbigay po ng letter ang company samin ng offer for transfer, na gusto kaming ilipat sa field ng live call. Kaya po hinihingi ko ang interpretation ng ART 286 dahil sabi po ng DOLE makakasuhan daw po kami ng company ng insubordination kapag nirefuse namin ang offer ng company na mag trabaho sa field na hindi namin kaya I perform ang duties namin.? 

Kung mag voluntary resignation po ba kami makakasuhan pa rin kami ng Insubordination?

May laban po ba kami kung humingi kami ng separation pay at 13th month pay? 

Pwede nyo po ba kaming matulungan?

Ano po bang maipapayo samin na pwede naming gawin?

Sana po matulungan nyo kami, salamat po!

Dulin 05:21 PM, Nov 21, 2023 

Nov 21, 2023

Dear Requesting Party,

Thank you for your request dated Nov 20, 2023 06:02:21 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Asking for the interpretation of P.D 442 Ate. 286.

We received your request on Nov 20, 2023 06:02:21 PM and we have forwarded your request to the Department of Labor and Employment (DOLE).

Thank you,

FOI Receiving Officer

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