Forced Leave to not pay employees severance?

Active pa din ba yung DOLE advisory from 2009 (2-2009) hanggang ngayon regarding that? Because IIRC the advisory that allows Forced Leave as a means of Flexible Work Arrangement is only meant to alleviate the pressure on employers during the 2008 financial crisis.

Here's the guideline regarding that:

The parties to the flexible work schemes shall be primarily responsible for its administration. In case of differences of interpretation, the following guidelines shall be observed:

  1. The differences shall be treated as grievances under the applicable grievance mechanism of the company.

  2. If there is no grievance mechanism or if the mechanism is inadequate, the grievance shall be referred to the Regional Office (of DOLE) which has jurisdiction over the workplace for appropriate conciliation.

  3. To facilitate the resolution of grievances, employers are required to keep and maintain as part of their records the documentary requirements proving that the flexible work arrangement was voluntarily adopted.

[...]

Notice Requirement

Prior to its implementation, the employer shall notify the Department through the Regional Office which has jurisdiction over the workplace, of the adoption of any of the above flexible work arrangements. The notice shall be in the Report Form attached to this advisory.

The Regional Office shall conduct an ocular visit to validate whether the adoption of the flexible work arrangements is in accordance with this issuance.

Bago ka nila ipag forced leave, they need to file the paperwork showing that you voluntarily accepted the work arrangement. If you don't accept it, they can negotiate with you or take it up to the DOLE regional office, or fire you (and therefore with severance pay). Either way, they'll have to consult the DOLE regional office first bago magsimula ang forced leave. My advice is to get everything written down para may paper trail. In case na i-fire ka nila at sabihin nilang with cause at hindi ibigay ang severance pay.

/r/Philippines Thread