The bona fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment by the employee of a military or civic duty shall not terminate employment. 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.
Editor’s notes from DOLE (1)
See also DOLE D.O. No. 215 (2020). As amended by R.A. No. 7641 (1992), which provided “for retirement pay to qualified private sector employees in the absence of any retirement plan in the establishment” and further amended by R.A. No. 8558 (1998), which reduced the retirement age of underground mine workers from sixty (60) to fifty (50). R.A. No. 10757 (2015), on the other hand, reduced the retirement age of surface mine workers from sixty (60) to fifty (50) years. Additionally, R.A. No. 10789 (2016) reduced the retirement age of racehorse jockeys to fifty-five (55) years. See also DOLE D.O. No. 167 (2016), DOLE D.O. No. 169 (2017), and the DOLE Handbook on Workers Statutory Monetary Benefits, 2016 Edition.
Text and numbering follow the Department of Labor and Employment's 2022 edition of Presidential Decree No. 442, as amended and renumbered under DOLE Department Advisory No. 01, series of 2015. Former article numbers are shown in brackets. Notes are DOLE's editorial notes. Amendments after that edition are not included. For information and research only, and not legal advice. For certified copies, refer to the Official Gazette or the issuing agency.