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redundancy (company is holding us far too long0

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Arresto Menor
hi everyone.
this will be a long one but we are desparate for some advice.sana po may magtiyagang magbasa at makatulong.

i have a few questions i need to ask, currently we already filed a case against the company sa nlrc and we have a hearing on march 6th. here are the details:

* last march 2012, the company (let's call it C1) moved all of its existing operation under a new company (C2), and upon checking sa SEC they're both one and the same but they reiterate that the 2 are separate entities independent of each other. we also got transferred to a site

* last march 2012, the company offered something called a voluntary retirement program under the guidelines ( or guise?) of redundancy. for like a week, the offer was to get a "separation package" plus a 30 day no-work-but-with-pay package if you will DECIDE TO LEAVE THE COMPANY or if you want to stay you will have to sign with the new entity which is C2.

meaning kahit di ka na pumasok you're already paid for 30 days. initially it was offered only to agents (we're in a BPO) who were hired january 2011 onwards but then suddenly they offered it to every agent under our account. a lot of people took the offer and fearing that it might lead to the closure of the account they put us, those who we're a "batch" late, under deferred status with the promise that deferment will only last 30-45 days (we have a copy of the memo).

it took them until june 2012 to release the 2nd batch. and we're still stuck with the company as of this day. and then all of a sudden the imposed a criteria that the order of release would be base on tenure-ship .. meaning yung mga malalaki ang sweldo ang uunahin tangalin.

now i believe them offering the package to everyone clearly violates one of the requisites of a valid and lawful redundancy (Fair and reasonable criteria in ascertaining what positions are to be declared redundant and accordingly abolished.) since there was no criteria at all when it was first implemented with the first batch.

*secondly after the 1st week of release they already started "hiring". logically speaking, kung may redundancy and the company needs to let go of people because of overstaffing, bat kelangan maghire? i believe pasok ata siya with the company violating requisite #3 (Good faith in abolishing the redundant positions; and) since ang lumalabas, wala talagang redundant positions. ang totoo eh gusto lang talaga ng company na tangalin ang mga taong malaki ang sweldo.

* then yung requisite number 1 which is: "A written notice served on both the employees and the Department of Labor and Employment (DOLE) at least one month prior to the intended date of retrenchment as required by the Labor Code;"

* yung intended date of retrenchment po ba eh yung date na tumigil ka na magwork or yung date na makukuha mo yung checks and sign release papers?

* we are also reporting to work under operations being handled by C2 wherein we are officially not an employee but according to their memo C1 transferred all of its operations to C2, is this even legal?

then on november 2012 we decided to take steps into filing a complaint against the company, november 17 nagkaroon ng initial mediation no results.

2nd mediation was dec19 this time, THE HR MANAGER SETTLED WITH US WITH A SIGNED SENA document of the settlement agreement sa harap ng mediator.

the settlement was that the 6 of us who filed a case against the company will be released on january 31st 2013, regardless of what will long we keep our mouth shut about the agreement as the company is avoiding litigation that's why they're mitigating.

then came january 31st 2013, day of the meeting. We didn't get any word from the HR Manager and he didn't even show up for the mediation. the meeting was 10AM , we even tried calling him but he was not answering. Past 11 he returned my call and said he said "he was in a meeting (of his own) that's why we wasn't able to answer his phone" blatantly disregarding the scheduled mediation and the settlement agreement.

sabi ng PAO, with the document that we have which was signed by the company rep that we don't have to report to work after jan 31st kahit wag na daw kami magreport to work.

what other course of action could we take? and may laban po ba kami if napatunayan na unlawful yung redundancy nung company?

i mean sobrang haba po ng paghihintay namin at nakakaperwisyo na. lantaran na po yung panloloko nung companya. nilalaban din po namin na makuha namin yung "original" package na nakuha nung unang batch na ayaw ibigay ng company.

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Arresto Menor
anyone? Sad

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imo, the next step can be for dole to forward the matter to nlrc for execution of the agreement

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