temporary lay off

i was informed a month ago that i would be temporarily laid off. the company i worked for told me that they have asked permission from DOLE to layoff employees. i was also told that i cannot work for another company within 6 months to be able to get separation pay. i was also told that i must wait to be recalled within 6 months. i am given priority once the need for my position arises.. but in case i am not recalled, i can collect my separation pay.

is that legal? i cannot afford not to work for 6 months. isnt separation pay given upon effectivity of being laid off. plus, i have seen job vacancy posts for my position on jobstreet and jobsdb, which means they are looking for other people for my position and shows that im not really given priority.

i cannot move on because of this. i have worked for that company for 5 years. can you advice me on moves i should do next?

thank you!

jody666 wrote:i was informed a month ago that i would be temporarily laid off. the company i worked for told me that they have asked permission from DOLE to layoff employees. i was also told that i cannot work for another company within 6 months to be able to get separation pay. i was also told that i must wait to be recalled within 6 months. i am given priority once the need for my position arises.. but in case i am not recalled, i can collect my separation pay.

is that legal? i cannot afford not to work for 6 months. isnt separation pay given upon effectivity of being laid off. plus, i have seen job vacancy posts for my position on jobstreet and jobsdb, which means they are looking for other people for my position and shows that im not really given priority.

i cannot move on because of this. i have worked for that company for 5 years. can you advice me on moves i should do next?

thank you!

They are correct, based on Art 286 of the LC.

ART. 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.

the company did not suspend operation. not even for a day.

jody666 wrote:the company did not suspend operation. not even for a day.

It is still valid - similar to being placed on "floating status"