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resignation from a closing company

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1 resignation from a closing company on Mon May 27, 2013 6:56 pm

carlos1972


Arresto Menor
Hi!

I would like to ask for some advice/info regarding my situation. I have been with the company for 10 years and I resigned last May 10, 2013 with a 2 month turnover (last day – July 9, 2013). If the company closes on June 10, 2013, am I entitled for a separation pay?

Thank you in advance.

Carlos

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2 Re: resignation from a closing company on Mon May 27, 2013 7:58 pm

Patok


Reclusion Perpetua
you already resigned.. resigned employees are not entitled to separation pay..

also if the company closes due to financial losses.. there's no separation pay..

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3 Re: resignation from a closing company on Tue May 28, 2013 1:07 pm

carlos1972


Arresto Menor

Sir,

Thank you very much for the reply.

I have read that:

--
The Supreme Court held that there is no provision in the Labor Code which grants separation pay to voluntarily resigning employees. Separation pay may be awarded only in cases when the termination of employment is due to: (a) installation of labor saving devices, (b) redundancy, (c) retrenchment, (d) closing or cessation of business operations, (e) disease of an employee and his continued employment is prejudicial to himself or his co-employees, or (f) when an employee is illegally dismissed but reinstatement is no longer feasible. In fact, the rule is that an employee who voluntarily resigns from employment is not entitled to separation pay, except when it is stipulated in the employment contract or CBA, or it is sanctioned by established employer practice or policy.
---

In reference to item (d), officially I'm still employed with the company until July 9, if the company closes earlier which means my source of income is discontinued due to the closing, is it a valid ground for entitlement of a separation pay?

Thank you in advance,

C

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4 Re: resignation from a closing company on Tue May 28, 2013 1:21 pm

Patok


Reclusion Perpetua
what will be the nature of the closing of the company?

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5 Re: resignation from a closing company on Tue May 28, 2013 1:27 pm

carlos1972


Arresto Menor

All operations will be transferred/synched to our mother company. Possibly some of the employees will be absorbed by our mother company.

Thanks again.

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6 Re: resignation from a closing company on Tue May 28, 2013 5:01 pm

Patok


Reclusion Perpetua
you can contest it but since you resigned first and just doing your turnover I dont think they will give you a separation pay.

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