Floating Status

Good day!

I been working for a call center company for four years under the same account. Our client requested for a mandatory exam. Unfortunately, 100 plus agents (including me) did not pass it. The company remove us from the account and termed as "FLOATING STATUS". Even though the client said it was mandatory, but we found that there were many agents who have not taken the exam until now. The exam we took is also part of the hiring process, that we passed before.


Is it legal to put agents on floating status because we failed on the exam that we did pass before we are hired? The account and company is stable and they are still hiring.


What are the legal reasons to put agents in floating status based on Philippine Constitution?

Thank You!

langganaku wrote:Good day!

I been working for a call center company for four years under the same account. Our client requested for a mandatory exam. Unfortunately, 100  plus agents  (including me) did not pass  it. The company remove us  from the account and  termed   as "FLOATING STATUS". Even  though the client said it was mandatory, but we found that there were many agents who have  not taken the exam until now. The exam we took is also  part of the hiring process, that  we passed before.  


Is it legal to put agents on floating status because we failed on the exam that we did pass before we are hired? The account and company is stable and they are still hiring.


What are the legal reasons to put agents in floating status based on Philippine Constitution?

Thank You!

If the test is a requirement of the client, then it may be legal to put you on floating status since you did not meet their standards.

Legal reasons for floating status - none in the Constitution.

However the Labor Code mentions it, and is allowed -

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.

Thank You..

However, we found out that not all agents took the exams even though they said it was mandatory by client. Is it somehow Constructive Dismissal? They put us on Floating Status even the account is stable and the company is still hiring. It is not that I am commending myself but I been a good agent in the company for four years without any violation.

The company is allowed to put the agents for bona-fide suspension but we did not find it IN GOOD FAITH knowing that it was mandatory but not all agents took the exam. It is not easy to be connected in a company that you are not paid specially you have a family that you need to bring food on the table.

Thank You

The account and company may be stable, but if they need to reduce HC then floating status is the result.

If you have a concern about not all agents taking the exams, then ask management.

Constructive dismissal? Not necessarily.