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1 NEW OPENED POST AFTER REDUNDANCY. on Fri Jan 25, 2013 9:12 pm


Arresto Menor
Ako at tatlo ko pang kasamahan ay na.redundiate effective noong Dec 30, 2012. Nakakita kami ng post sa JOBSTREET ng newly-opened position which was posted noong Jan 11 and latest nga is today (Jan 25). We felt wronged. Meron bang law na nalabag ang previous company ko?

Isa sa mga kasamahan ko nag.research and may nabasa sya na may nanalo na daw sa kasong ganito.

Additional info, noong na.redundiate kami.. ang sabi sa amin ay wala na daw available positions kung saan pwede kami ilagay. And kung may mag.oopen man daw na position, ay kaming 4 ang uunahin.

Dapat ba kaming magsampa ng kaso?

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2 Re: NEW OPENED POST AFTER REDUNDANCY. on Tue Feb 12, 2013 11:14 pm

tsi ming choi

Reclusion Perpetua
Dismissal of employee's service based on redundancy is a valid termination, one of the authorized causes as provided under the labor code, however, as such must be exercised by the company in GOOD FAITH.

If thats the case, then you can file it out arguing that your dismissal in illegal for there is no actual redundancy on that position in the company. Bear in mind na nasa inyo yung BURDEN to prove na wala talagang redundancy sa trabaho nyo with respect to your previous position and that the company in dismissing your services acted in BAD FAITH.

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3 Re: NEW OPENED POST AFTER REDUNDANCY. on Wed Feb 13, 2013 9:27 am


Reclusion Perpetua
did you talk to your employer after you saw the newly opened position? diba sabi nila kayo ang priority? why dont you apply to the said position, pag hindi kayo tinanggap, then you might have a case against them.

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