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Legal Principles on Labor Law: Security of Tenure ; Floating Status ; Off Detail

 Security of Tenure - Our labor laws and the Constitution afford security of tenure to employees that one may have a reasonable expectation that they are secured in their work and that management prerogative, although unilaterally wielded, will not harm them. Employees are guaranteed that they can only be terminated from service for a just and valid cause and when supported by substantial evidence after due process. Similarly, labor laws and the constitution recognize the right of the employers to regulate, according to his/her own discretion and judgment, all aspects of employment, including hiring, work assignments, working methods, the time, place and manner of work, work supervision, transfer of employees, layoff of workers, and discipline, dismissal, and recall of employees. The only limitations to the exercise of this prerogative are those imposed by labor laws and the principles of equity and substantial justice.

Floating Status; Off Detail - Contrary to the stance of Telus, the floating status principle does not find application in the instant case. While it may be argued that the nature of the call center business is such that it is subject to seasonal peaks and troughs because of client pullouts, changes in clients’ requirements and demands, and a myriad other factors, still, the necessity to transfer De Guzman to another practice/account does not depend on Telus’ third party-client/contracts. When the controversy arose, Telus had several clients in its roster to which it can easily assign De Guzman as Quality Analyst without any hindrance. As earlier admitted by Telus, profiling interviews were not a condition precedent to the transfer. Moreover, as established before the Labor Arbiter, after the lifting of the preventive suspension of De Guzman by Telus, the company had several job vacancy postings for the position of Quality Analysts, the very position previously occupied by De Guzman. While there is no specific provision in the Labor Code which governs the “floating status” or temporary “off detail” of workers employed by agencies, it is implicitly recognized in Article 301 of the Labor Code which speaks of situations of temporary retrenchment or layoff due to valid operation issues.

Source:
TELUS INTERNATIONAL PHILIPPINES, INC. AND MICHAELSY, PETITIONERS, VS. HARVEY DE GUZMAN, RESPONDENT.
G.R. No. 202676. December 04, 2019
HERNANDO, J
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