PIDO V. NLRC (LABOR)

FACTS: Pido, an employee of Cherubim Security was suspended which eventually led to his illegal dismissal.

HELD: There was indeed CONSTRUCTIVE DISMISSAL. His prolonged suspension, owing to respondent's neglect to conclude the investigation had ripened to constructive dismissal. His filing of a complaint for constructive dismissal, along with a prayer for reinstatement clearly indicates that he did not abandon his work.

Verily, the floating status requires the dire exigency of the employer's bona fide suspension of operation of a business or undertaking. In security services, this happens when the security agency's clients which do not renew their contracts are more than those that do and the ones that the agency gets. Also, in instances when contracts for security services stipulate that the client may request the agency for the replacement of the guards assigned to it even for want of cause, the replaced security guard may be placed on temporary off-detail if there are no available posts under respondent's existing contracts.

When a security guard is placed on a floating status, he does not receive any salary or financial benefit provided by law. Due to the grim economic consequences to the employee, the employer should bear the burden of proving that there are no posts available to which the employees temporarily out of work can be assigned.