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FORCED RESIGNATION for change of company (ASAP REPLY PLEASE)

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dgdiamsay


Arresto Menor
HI! I would like to ask if there would be a chance that my friend will be paid for her 10 years of term in service if she was deemed resigned to her previous company and transferred to another company (with same employer but with another co-owner).
She asked her employer (previous company) about the benefits that she will be receiving since she is an employee of over 10 years, and been chosen to be the pioneer officer in the newly created company. The HR said that she will not be receiving any from the previous company. What can my friend do in order to resolve this conflict? 10 years is so valuable that should only be taken for granted. Thank you. Need ASAP reply regarding this. Thanks.

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joycejimibayrante


Arresto Mayor
I had the same experience sa IT companies. You have to wait for the new job contract that the new company should provide you. The 10 years of tenure should be continued and be included in your new contract.

No mandated benefits from labor law to follow by the new company, since transfer to acquisition lang ang ngyri. Ang nakakakuha ng benefits based sa law ay yung naclose ang company due to bankruptcy, retrenchment, redundancy etc.

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joycejimibayrante


Arresto Mayor
Nagtataka ako sa forced resignation na title mo? Bat kelngan magresign pa kung iaabsorb lang naman kau ng new company

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dgdiamsay


Arresto Menor
Hi! thanks sa comment. Sila ang sinabihan ng employer ng old company na magresign sila, then another contract will be given sa another company. The old company will not be closed, it will still continue. It's like, they were recruited as the senior employees of the new company. Ang sabi sa old company, they won't be getting any, eh hindi naman nila kasalanan na sila ang napili to transfer to the new company. Tapos ang mangyayari nga, syempre, new company, so, back to 0year/s ang kanilang tenure. Yung sa old company, wala na. Don't they have any right to get benefits from the old company? parang unfair ata? Thanks sa reply.

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attyLLL


moderator
imo, they should be entitled to separation pay or continuity of tenure in the new company especially if it is actually the same employer


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