Is an employee considered terminated if they leave their work temporarily to fulfill a military or civic duty?

Fulfilling a required military or civic duty does not sever the employer-employee relationship. The law protects workers who are called to serve their country or community in these official capacities. After being relieved from such military or civic duty, the employee has a period of one month to notify the employer of their intent to return. The employer must then reinstate the worker to their previous position without any reduction in seniority rights. This protection is found in Article 301 Labor Code of the Philippines. “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.” 02-Jun-26

About Nicolas and De Vega Law Offices

 Nicolas and De Vega Law Offices is a full-service law firm in the Philippines.  You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines.  You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.