Security Guards on Floating Status

In the recent case of Exocet Security and Allied Services Corp. and/or Ma. Teresa Marcelo vs. Armando D. Serrano (G.R. No. 198538, September 29, 2014) the Supreme Court clarified some of the rules concerning security guards on floating status. I have taken the liberty of summarising these rules, but I have more or less followed the exact words of the Supreme Court in the decision.

1. The “floating status” or temporary “off-detail” of security guards employed by private security agencies is a form of temporary retrenchment or lay-off. The concept has been defined as that period of time when security guards are in between assignments or when they are made to wait after being relieved from a previous post until they are transferred to a new one. It takes place when the security agency’s clients decide not to renew their contracts with the agency, resulting in a situation where the available posts under its existing contracts are less than the number of guards in its roster. It also happens in instances where 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, such that the replaced security guard may be placed on temporary “off-detail” if there are no available posts under the agency’s existing contracts.