Within what timeframe must an employee indicate their desire to return to work after a bona fide suspension of operations?
A bona fide suspension of business operations does not permanently sever the employment relationship, provided it does not exceed six months. Once the employer is ready to resume normal operations, the affected employees have the right to be reinstated. However, this right to reinstatement requires proactive communication from the worker. The employee must explicitly indicate their desire to resume work not later than one month from the actual resumption of the employer’s operations. This specific notification period is required under Article 301 Labor Code of the Philippines. “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-26About 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/.
