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Delayed Separation/Severance Pay

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1 Delayed Separation/Severance Pay on Wed Jan 16, 2013 12:01 am


Arresto Menor
im working in a call center and has been on Temporary Lay Off for the last 2 months(nov-dec) due to the fact that the program im working on pulled-out.they tried to find a job for me( im a team leader) but for reasons i dont know, i wasnt able to "pass" their selection process.i was supposed to receive my severance pay last jan 4 but i didnt agree with the amount they are giving me since its only half month salary multiplied by the number of years of service(in my case its 5 years) i alreday told them that i have gone to DOLE and Dole adviced me that i should receive 1 month salary instead of just half. i was told that they need to consult their legal department but to no avail they have not resolved my concern. what case could i file against the company? they are claiming its not redunduncy kaya half lang daw ibibigay sa akin. it is clearly stated in our Code of discipline that the company will not hire NEW Team Leaders outside the company untill all employees on TLO has been re-assigned.

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2 Re: Delayed Separation/Severance Pay on Wed Jan 16, 2013 9:59 am


Reclusion Perpetua
ano daw tawag nila don? it's clearly redundancy and article 283 of the labor code states that you are entitled to 1 month's salary for every year of service.

matagal ang process sa NLRC.. i suggest you take the money they're offering before you file the case, para may makuha ka man lang pera bago yung kaso.

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3 Re: Delayed Separation/Severance Pay on Fri Jan 18, 2013 8:56 pm


i wouldn't jump to say it's clear, but the basis for retrenchment is avoidance of losses, which can be justified by the loss of a client.

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