The Partido Manggagawa (PM) slammed on Tuesday a new order from the Department of Labor and Employment (DOLE) that effectively extends the floating status of workers beyond the maximum of six months provided for in the Labor Code.

Rene Magtubo, PM national chair, said the extension of the floating status of workers beyond the six months maximum through a Department Order is "illegal" as it is tantamount to executive legislation.  

He said Article 301 of the Labor Code does not provide for an extension of the six month maximum of forced leave or floating status.

The PM leader said DO 215 is deceptively presented by the DOLE as an amendment to the existing implementing rules and regulations when in truth "it revises the clear mandates of Article 301 of the Labor Code."

Magtubo said labor groups already expressed the opposition to the said proposal during a tripartite dialogue on the grounds that it "contravenes existing law and that it opens workers to employer abuse."

He added that “This is another instance of DOLE’s social distancing from workers in the time of Covid."

"Earlier DOLE released a series of orders and advisories such as DO 213 that suspended complaints and inspections and Labor Advisory 17 that allowed diminution of wages and benefits. All these disadvantaged workers impacted by the lockdown. Labor’s challenge finally led to DO 213’s repeal by DO 214 which permitted the operation of the dispute resolution mechanisms for workers," Magtubo said.

PM said the labor coalition Nagkaisa is coordinating for a campaign for the repeal of the “blatantly pro-employer” DO 215 and to file a legal challenge at the Supreme Court.

DO 215 entitled “Rule Amending Section 12 Rule 1, Rules Implementing Book VI of the Labor Code on Suspension of the Employment Relationship” was signed on October 23, 2020 by Labor Secretary Silvestre Bello III.