Floating (Off-Detail) Status of Security Guards under DOLE Department Order No. 150-16
(Revised Guidelines Governing the Employment & Working Conditions of Security Guards and Other Private Security Personnel in the Private Security Industry)
1. Statutory & Administrative Foundations
| Instrument | Key Provision | Relevance to “Floating” |
|---|---|---|
| Art. 301 [formerly 286], Labor Code | Permits bona-fide suspension of business operations up to six (6) months without severing the employment relationship. | Serves as the mother rule; DO 150-16 tailors it to the security industry. |
| DOLE Department Order (D.O.) No. 150-16 – signed 7 Dec 2016, took effect 14 Jan 2017 | § 7 (Employment Status) & § 8 (Employment Arrangements) codify Temporary Off-Detail / Floating Status and integrate Labor-Code safeguards. | Supplies the specific mechanics for security agencies and guards. |
Who is covered? • Licensed Security Guards, Watchmen, K-9 handlers, armored-car crew, close-in security, maritime security personnel, and supervisors employed by Private Security Agencies (PSAs), company guard forces, and protective service providers.
2. Definition of “Floating” (Temporary Off-Detail)
- Floating Status (also called “off-detail,” “temporary displacement,” or “off-posting”) is the period after a security guard’s last client assignment ends and before the agency deploys him/her to a new post.
- The guard remains an employee of the PSA; the employer–employee relationship is merely suspended.
3. When Can a Guard Be Placed on Floating Status?
DO 150-16 recognizes four legitimate scenarios:
- Expiration or termination of client contract not attributable to the guard’s fault;
- Temporary closure or business slowdown of the client;
- Reduction of security complement (man-down) requested by the client;
- Phase-out or abolition of post due to re-engineering, automation, or force majeure.
Any other reason exposes the agency to a finding of constructive dismissal.
4. Maximum Duration
| Rule | Ceiling |
|---|---|
| Labor Code Art. 301 | 6 consecutive months |
| DO 150-16 § 8 (c) | Affirms the same six-month cap specifically for security guards. |
| Jurisprudence (e.g., Edge Apparel v. NLRC, G.R. 121314, 12 Feb 1998) | Deployment beyond 6 months without pay or re-assignment = constructive dismissal. |
Rolling or repeated floating periods that, taken together, exceed six months within a single 12-month window are treated as one continuous floating; the “6-month clock” is not reset by brief re-assignments meant to circumvent the rule.
5. Monetary Entitlements during Floating
Retainer Allowance
- Minimum: ₱5,000 / month or 50 % of the prevailing city/municipality minimum wage, whichever is higher, commencing on the 31st day of un-posting.
- The first 30 days may be unpaid provided the guard receives his last post’s accrued wages and benefits within normal payroll cut-off.
13th-Month Pay & Service Incentive Leave (SIL)
- Computed on actual wages plus retainer allowances.
SSS, PhilHealth, Pag-IBIG, ECC contributions
- Mandatory throughout the floating period; employer must shoulder its counterpart shares.
Uniform & Equipment bond
- No deductions may be made while off-detail.
6. Procedural Due Process Checklist
| Timeline | What the Agency Must Do |
|---|---|
| Within 24 hours of pull-out | Issue a Written Off-Detail Order to the guard, citing the reason and date of effectivity; require acknowledgment copy. |
| Within 3 days | File a Notice of Off-Detail with the DOLE Regional/Field Office (hard-copy plus email) identifying affected guards, last post, and projected re-deployment plan. |
| Monthly | Submit a Status Report to DOLE listing: guards still floating, allowance paid, and efforts to obtain new contracts. |
| Upon new assignment | Provide the guard a Deployment/Reliever Order stating client, post address, shift, wage rate, and start date. |
| Not later than 6 months | Either (a) re-assign, or (b) effect an authorized-cause dismissal (closure, redundancy) with 30-day notices to the guard & DOLE and payment of separation pay. |
Failure in any of these steps may render the floating invalid and expose the agency to full backwages and damages.
7. Guard’s Rights & Options
| Guard’s Remedy | Trigger Point |
|---|---|
| File money claims / illegal dismissal case | Agency stops paying retainer or exceeds 6-month limit without valid reassignment. |
| Seek clearance to transfer agency | After 3 consecutive months floating and upon proof of outstanding demands. |
| Advance separation pay | When authorized-cause dismissal is chosen by the agency before the 6-month limit. |
Constructive Dismissal Standard A guard need not wait full 6 months if evidence shows the agency has no bona-fide prospect of new deployment or is using floating as a pretext to force resignation.
8. Relevant Supreme Court Decisions
| Case | G.R. No. & Date | Doctrinal Holding |
|---|---|---|
| Galvez v. AAA Fed. Security Agency | G.R. 177932, 14 Nov 2008 | Off-detail > 6 months without retainer pay = constructive dismissal; guards awarded full backwages. |
| Universal Guardian v. Catingub | G.R. 180773, 3 Mar 2010 | Payment of ₱5,000 monthly allowance (then DO 14-03) mandatory starting day 31. |
| Affirmative Port Security v. Quiambao | G.R. 214972, 29 Jan 2020 | Multiple floating stints totaling >6 months within one year violate Art. 301. |
| Rubberworld v. Rivera | G.R. 140184, 25 Apr 2002 | Art. 301 applies equally to contractors’ employees; no downstream subcontract can dilute the 6-month cap. |
9. Penalties & Enforcement
Monetary:
- Unpaid retainer: double indemnity under Art. 306, Labor Code.
- Backwages & benefits: from day 1 after invalid dismissal until actual reinstatement.
Administrative:
- DOLE may suspend or cancel the PSA’s license under RA 5487 (Private Security Agency Law).
- DOLE Compliance Orders are immediately executory.
Criminal:
- Repeated willful violation may amount to Illegal Recruitment in the guise of security service contracting (Art. 38, Labor Code).
10. Best-Practice Compliance Roadmap for PSAs
- Keep a rolling 6-month floating ledger for each guard.
- Maintain client-acquisition pipeline and communicate regularly with idle guards.
- Automate retainer-pay disbursement starting the 31st day.
- Observe the 30-Day Prior Notices if separation becomes inevitable.
- Invest in cross-training (e.g., fire-safety, EMT) to widen redeployment options.
11. Practical Tips for Guards
- Document everything: pull-out memos, text messages, payslips.
- Mark the calendar: Day 1 of off-detail to count the 6-month period.
- Ask HR in writing for redeployment updates after 60 days.
- Seek DOLE Single-Entry Approach (SEnA) conciliation before filing a case; it may compel quick payout.
12. Conclusion
DOLE D.O. 150-16 strikes a calibrated balance: it acknowledges the contract-driven nature of security service work while guarding guards against the economic limbo of indefinite idleness. For PSAs, strict adherence is not just regulatory hygiene—it is good business: prompt reassignment and statutory retainer pay foster morale, reduce attrition, and avert litigation. For security guards, knowing the 6-month golden rule, the allowance floor, and the paper-trail requirements turns “floating status” from a black hole into a regulated bridge to the next post.