Dear Atty. Kathy,

I am employed as a security guard by Company A. My last deployment was until 31 March 2023 and since then I have been on floating status because Company A's client where I was assigned did not renew its contract. In September 2023, I received a return-to-work notice, asking me to report to the head office for a new assignment. I asked the HR Officer of Company A the exact location where I will be deployed, but she did not specify the exact client, and just told me to report to the head office. My co-employee, who was also placed on floating status, told me I can already file a case for illegal dismissal if I do not get a new assignment within 6 months from the end of my last assignment. Do I have grounds to file an illegal dismissal case, even if Company A told me to report to the head office for a new assignment?

Brielle

Dear Brielle,

The Supreme Court has ruled that temporary off-detail of a security guard is generally allowed in a situation where the security agency's client decided not to renew the service contract. However, when the floating extends beyond six months, the employee may be considered to have been constructively dismissed.

Based on your narration, your last deployment was up to 31 March 2023. Company A must have redeployed you within six months from said date, or else you would be deemed to have been constructively dismissed.

With regard to the redeployment, you should have been assigned to a specific or particular client, and a general return-to-work notice will not suffice. It appears, however, that you were not redeployed to a definite assignment or security detail, since you were simply told to report to the head office for your new assignment. In sum, if you were not assigned to a specific client for redeployment within 6 months from March 31, 2023, you may have a cause of action for constructive dismissal.

(Ravengar G. Ibon versus Genghis Khan Security Services, et al., G.R. No. 221085, 19 June 2017)

Atty. Kathy Larios