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separation pay

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1 separation pay on Wed Jan 23, 2013 2:25 am

ynahking


Arresto Menor
my company was about to close since september 2012 because its permit to operate was expired and they're not going to renew it for some reason, the company was not bankrupt coz they formed another company which is same of the one to be close , as far as i know the management are filing the closure to the respective government agencies.As early as june 2012 the management were informing all the employees (including me)that we will be transfer to the new company which they also owned and operated,same line of business, same management and want to have same employees.In simple words they just change the name of the company.Conditions are if we agree to be transfered to the new company, the length of service will be carry over, same position, same rate but if we decide to resign we are not entitled to separation pay. if we're gonna ask for separation pay from old company, we should reapply to the new company with just the minimum basic rate, contractual but same position. We are 6 employees with 6 to 11 years of service from the old company who decided to just ask for the separation pay and not to reapply to the new company. The management is giving us only 50% of basic per year of service, we didn't accept it yet because we dont know if it is the right benefits for us. What kind of termination my case is? what is the right computation of our separation pay?what other benefits we are entitled of?can we still avail all of the vacation leave and sick leave even we're not staying for one whole year?

Hope to hear from you asap.Thank you. Smile

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2 Re: separation pay on Wed Jan 23, 2013 9:31 am

Patok


Reclusion Perpetua
why dont you just continue your service in the new company? Buti nga bibigyan pa kayo nang separation pay.. eh para kasing nag resign lang kayo.. and resign employees are not entitled to separation pay.. i suggest tanggapin nyo na yang inooffer sa inyo or just continue your service to the new company..

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3 Re: separation pay on Wed Jan 23, 2013 11:09 am

ynahking


Arresto Menor
i dont want to continue because employee-employer relationship were not good anymore.is it considered resign if we dont want to accept the offer and refused to be transfer?is the case can be consider as constructive dismissal?what rate should be the basis of separation pay?thanks..

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4 Re: separation pay on Wed Jan 23, 2013 11:10 am

stargazer


Arresto Mayor
technically you are resigning from the company since you are not going to reapply to the new company. you're also lucky that the company is still giving you 50% per year of service. how come they still offered you this since you said "if we decide to resign we are not entitled to separation pay"?

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5 Seperation pay on Sat Jan 26, 2013 5:57 pm

bebang29


Arresto Menor
Tinanggal ako ng employer ko during my maternity leave,im asking them kung ano cause ng termination ko pero hindi nila sinasabi. So I demand for seperation pay. Ask ko lang pano computation ng separation pay ko? Entitled ba ako for one month salary per year of service or 1/2 month lang?

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6 Re: separation pay on Sat Jan 26, 2013 9:41 pm

attyLLL


moderator
bebang, i believe you were illegally terminated, but if you are going to settle, go for 1 mo


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7 Re: separation pay on Sun Jan 27, 2013 11:21 pm

ynahking


Arresto Menor
if I'am employed in company A and after 2 yrs company B exist both owned by my boss. i was employed and payrolled in company A but worked on both companies. After 4 yrs, company A will be close and the management advised me that i'll be transfer to Company B which I was already working in for 2 years. Can I ask for backwages to the management for working at Company B while working on Company A?Since Company A will be close and I'm not transferring to Company B.

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8 Re: separation pay Today at 6:52 pm

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