Dear PAO,

I am currently working as a security guard under ABC Security Agency. From 2022 to 2024, I was assigned to SRB Mall. However, in August 2024, our security agency told us that SRB Mall had terminated the contract with our agency. Thereafter, ABC Security Agency notified us that we would be placed on a floating status. I want to know if the security agency has the authority to place us on floating status and, if so, for how long.

Heirold

Dear Heirold,

Although there is no express provision in the Labor Code regarding floating status, jurisprudence laid down several principles regarding temporary off-detail. This arrangement is allowed when a client of a security agency decides to terminate their contract or decides not to renew its contract with the security agency. It should be noted that this temporary off-detail would not be considered an illegal dismissal. The law counts this practice as a valid management prerogative.

The period of temporary lay-off, however, should not exceed six months. If it exceeds six months, then such temporary off-detail would amount to constructive dismissal. It should be noted that a general return to work order would not suffice. There should be a specific or particular client to which the security guard would be assigned. As pronounced by the Supreme Court in the case of Macario S. Padilla v. Airborne Security Service, Inc., GR 210080, Nov. 22, 2017, speaking through Associate Justice Marvic M.V.F. Leonen:

“The practice of placing security guards on ‘floating status’ or ‘temporary off-detail’ is a valid exercise of management prerogative. Jurisprudence has settled that the period of temporary off-detail must not exceed six (6) months. Beyond this, a security guard’s floating status shall be tantamount to constructive dismissal. x xx

“Therefore, a security guard’s-employer must give a new assignment to the employee within six (6) months. This assignment must be to a specific or particular client. ‘A general return-to-work order does not suffice.'”

In your case, SRB Mall, to which you were assigned, terminated its contract with your security agency. Therefore, your temporary off-detail may be considered valid under the law. However, such temporary off-detail should not exceed six months. In other words, your security agency should be able to give you a specific assignment within that six-month period. Otherwise, you may be considered constructively dismissed.

We hope that we are able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]