Comments on: Legal Q&A: In order for a retrenchment scheme to be valid, what elements must be present or concur? http://www.abogadomo.com/archives/942 Philippine Law. Simple. Thu, 02 Feb 2012 00:19:44 +0000 hourly 1 http://wordpress.org/?v=3.3 By: rowena http://www.abogadomo.com/archives/942/comment-page-1#comment-4404 rowena Sat, 23 Jul 2011 21:49:36 +0000 http://www.abogadomo.com/?p=942#comment-4404 my husband were told by the office that he is included or one of the employees who is or will be retrenched. Can he ask for one month salary for separation pay? He served the office for 14 1/2 years. my husband were told by the office that he is included or one of the employees who is or will be retrenched. Can he ask for one month salary for separation pay? He served the office for 14 1/2 years.

]]> By: Mark http://www.abogadomo.com/archives/942/comment-page-1#comment-740 Mark Sat, 19 Jun 2010 06:59:22 +0000 http://www.abogadomo.com/?p=942#comment-740 Our company went through a series of retrenchment because of our client pulling out. The first one was in April wherein 100+ employees were removed from our account because the client pulled out and cutting down the number of people to 80 and was given retrenchment status. The second retrenchment happened in May wherein from 80 people down to 30. Again retrenchment was the term used by the company as the client reduced the number of employees. And just recently we were told that the client will completely pull out the account but this time the term they used was not retrenchment. We are told that no retrenchment will happen and we will be transferred to another account. By the way our account is transcription service (non-voice account) and we will be transferred to a CCA or a voice account which we are not qualified and capable of doing. And we are left with options or either continuing with the new account or if you don't want to continue you will be in a floating status or you can voluntarily resign. The reason they gave us was the same that the account was pulled out and they used a different term for the last batch to be removed. Is it possible that we don't have the option of being retrenched? Are they just exempting themselves to pay retrenchment pay because most of the people who are included in the last batch worked for them for a long time and that means paying them a big amount? Is it possible for us to get a separation pay or retrenchment pay? Our company went through a series of retrenchment because of our client pulling out. The first one was in April wherein 100+ employees were removed from our account because the client pulled out and cutting down the number of people to 80 and was given retrenchment status.

The second retrenchment happened in May wherein from 80 people down to 30. Again retrenchment was the term used by the company as the client reduced the number of employees.

And just recently we were told that the client will completely pull out the account but this time the term they used was not retrenchment. We are told that no retrenchment will happen and we will be transferred to another account. By the way our account is transcription service (non-voice account) and we will be transferred to a CCA or a voice account which we are not qualified and capable of doing. And we are left with options or either continuing with the new account or if you don’t want to continue you will be in a floating status or you can voluntarily resign.

The reason they gave us was the same that the account was pulled out and they used a different term for the last batch to be removed. Is it possible that we don’t have the option of being retrenched? Are they just exempting themselves to pay retrenchment pay because most of the people who are included in the last batch worked for them for a long time and that means paying them a big amount?

Is it possible for us to get a separation pay or retrenchment pay?

]]> By: Dan Lazaro http://www.abogadomo.com/archives/942/comment-page-1#comment-637 Dan Lazaro Tue, 25 May 2010 00:04:06 +0000 http://www.abogadomo.com/?p=942#comment-637 Under the guise of Redundancy, an employee was terminated from his employment, as he was issued a Notice of Redundancy. The employee questioned the propriety of the redundancy but the employer failed to respond. Employee in fraustration, informed the DOLE about his termination from the company. No less than the DOLE Secretary replied in writing to the employee that his redundancy was NOT reported to DOLE. It turned-out that while a Notice of Redundancy was issued to the employee, the DOLE was not furnish such. Can this be in violation of Art. 283, so much so to declare the termination illegal? Under the guise of Redundancy, an employee was terminated from his employment, as he was issued a Notice of Redundancy. The employee questioned the propriety of the redundancy but the employer failed to respond. Employee in fraustration, informed the DOLE about his termination from the company. No less than the DOLE Secretary replied in writing to the employee that his redundancy was NOT reported to DOLE. It turned-out that while a Notice of Redundancy was issued to the employee, the DOLE was not furnish such. Can this be in violation of Art. 283, so much so to declare the termination illegal?

]]> By: ricewine6 http://www.abogadomo.com/archives/942/comment-page-1#comment-134 ricewine6 Thu, 07 Jan 2010 12:37:09 +0000 http://www.abogadomo.com/?p=942#comment-134 does an unproven accusation be a gruond for termination? does an unproven accusation be a gruond for termination?

]]> By: maverick http://www.abogadomo.com/archives/942/comment-page-1#comment-61 maverick Thu, 03 Dec 2009 08:52:58 +0000 http://www.abogadomo.com/?p=942#comment-61 if by company you mean employer, yes. if by company you mean employer, yes.

]]> By: cjaniceeve http://www.abogadomo.com/archives/942/comment-page-1#comment-43 cjaniceeve Tue, 17 Nov 2009 07:16:01 +0000 http://www.abogadomo.com/?p=942#comment-43 Does "retrenchment" always initiated by the company? Does “retrenchment” always initiated by the company?

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