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Retrenchment

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1 Retrenchment on Thu May 03, 2012 12:34 am

wolfcreek_baby


Arresto Menor
I have quite a complex situation and i'm hoping for some answers. I was hired April 2 in a call center for a Team Lead post for an inbound sales campaign in a province in the south. After 2 weeks of training, we were informed that the account doesn't need additional people as of the moment. To cut the story short, binigyan at pina sign kami ng document about retrenchment stating that: (dated April 14, 2012)

We regret to inform you that due to business exigencies and unforeseen events, our client is constrained to implement an immediate decision to discontinue the training class.

1. As an employee, detailed and assigned in this specific training class, it is unfortunate that your are part of the affected staff

2. However, consistent with our promise of providing a long term employment when possible, the company shall exert best effort to look for another program where you can be moved or transfered.

a. For a period of 15 days starting on April 16, 2012 - April 30, 2012 you shall be enrolled under our program for redeployment to another campaign

b. During the aforesaid period you are not required for work, unless called upon to attend interviews and take tests for possible redelployment.

c. It is imperative that you attend all interviews, schedule of examinations and other recruitment activity upon due notice. Failure to do so may be construed as absence without official leave or abandonment of work.

d. It is further understood that failure to pass language or product training twice is ground for non-regularization and/or termination of employment due to gross inefficiency and /or gross and habitual negligence as the case may be.

e. The principle of no work no pay shall apply. Naturally, you are not permitted to log in and log out in our time keeping system for your attendance.

f. In the event that you desire to resign, a letter must be submitted to the Human resources dept. for recording purposes.

g. Once the program is chosen, you are expected to perform your duties assiduously and diligently, including the language and product training.

h. Where no communication is made, the company expects you to report to the Human Resources Dept, without need of further notice on the 10th day, unless otherwise instructed to report earlier.


3. In the event that the transfer to any program, account, department or line of business on or before the end of the 15 days is not possible, we shall proceed with the retrenchment proceedings, consistent with provisions of the law.


HERE ARE MY QUESTIONS:

1. IS THE 15 DAY REDEPLOYMENT PERIOD EVEN LEGAL?

2. WHAT IF THE PERSON AFFECTED DOES NOT WANT TO WAIT FOR 15 DAYS AND WANTS TO TAKE THE RETRENCHMENT PROCEEDING WHEREIN 1 MONTH OF YOUR SALARY WILL BE GIVEN AS PER LABOR CODE, WILL THAT BE POSSIBLE?

3. AS STATED ON NUMBER 3, WHICH IS VERY VAGUE BECAUSE IT DOESN'T STATE KUNG DAPAT HINDI KA PA NAG UUMPISA ULI SA WORK ON OR BEFORE APRIL 30, O HINDI KA PA NILA NA CONTACT ON OR BEFORE APRIL 30 FOR INTERVIEWS, EXAM ETC TO PROCEED WITH THE RETRENCHMENT PROCEEDING.

4. WHAT IF THE ACCOUNT THAT I WILL BE TRANSFERRED TO IS DIFFERENT IN TERMS OF LINE OF BUSINESS, DO I HAVE THE OPTION TO REFUSE THE OFFER SINCE IT'S AGAINST MY WILL BECAUSE IN THE FIRST PLACE, IT IS NOT THE LINE OF BUSINESS THAT I ORIGINALLY APPLIED FOR. WILL I STILL GET THE RETRENCHMENT OFFER.

I KNOW MY QUERY IS REALLY LENGTHY BUT I HOPE SOMEONE COULD RESPOND TO. IT WILL BE GREATLY APPRECIATED.

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2 Re: Retrenchment on Fri May 04, 2012 9:39 pm

attyLLL


moderator
1) yes
2) it's up to the management what it wants to do. it's not up to the employee
3) what is your question
4) not a simple question, but the general rule is that management has the right to transfer you.


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