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This is question about Philippines labor law.

Force leave or floating status is putting an employee for a specific amount of time away from work because of circumstances like no project or disaster.

However, this can be illegal if an employee is put on force leave for:

  1. More than 6 months. Which basically the employee is terminated and will be given severance pay.
  2. Force leave done in bad faith.

So my question is, what would be characterize as bad faith?

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  • Probably with an intent not to rehire. Will have to look for citations.
    – ohwilleke
    Oct 20 '20 at 18:19
  • @ohwilleke if it is in court, how would you prove it? Oct 20 '20 at 18:23
  • Circumstantial evidence (e.g. hiring others, announcing plans not to reopen in news reports, a history of doing the same thing), or smoking gun statements (e.g. someone hits "reply all" on a damaging email, or tells a friend in a bar who is subpoenaed and testifies truthfully).
    – ohwilleke
    Oct 20 '20 at 18:54

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