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Voluntary application in workforce reduction program is subject to management's approval

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Arresto Menor
Hi Atty,

The company i'm currently working for needs to cut expenses by terminating around 10% of the regular employees. They are offering a certain package as required by law and is accepting voluntary applications. However, we were told that even if an employee volunteers, it is still subject to management's approval. They have the right to keep the employee who volunteered and terminate the last hired employee. Is this allowed by law? It looks like this is advantageous to the company since they will spend little amount (in severance pay) in the last hired employee than the seniors. What are the lawful reasons by the company to keep that employee who volunteered? On the other hand, what should be the reasons by the employee so that there is no way that the company disapprove his voluntary application?

Thank you.

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i have to agree that it is within the management prerogative to choose which ones to allow to resign.

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