Petitioner
Venancio S. Reyes
Respondent
Rp Guardians Security Agency
Citation
G.R. No. 193756
Court
Supreme Court
Division
Third Division
Ponente
Mendoza, J.
Decided
April 10, 2013

Whether placing security guards on floating status for more than 6 months after contract termination constitutes constructive dismissal, and proper…

Summary

Seven security guards filed a constructive dismissal case against their security agency after being placed on floating status for more than six months following the termination of their client contract. The Labor Arbiter and NLRC found constructive dismissal and awarded backwages and separation pay. The Court of Appeals initially affirmed but later modified the decision, reducing the separation pay computation and deleting backwages. The Supreme Court reversed the CA's amended decision, holding that floating status beyond six months constitutes constructive dismissal, and illegally dismissed employees are entitled to both backwages and separation pay of one month per year of service. The Court distinguished between illegal dismissal cases and authorized causes under DOLE regulations, emphasizing that constitutional security of tenure protects workers from unjust dismissal.

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By Intellegal Editorial Board · April 10, 2013

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