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Floating Status

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1 Floating Status on Wed Jun 05, 2013 1:40 pm

JonT


Arresto Menor
I have a question regarding employees who will be placed under floating status. The company will put 10 employees to floating status but they put up an initiative (free up-skill training)to enhanced their skill knowledge. For those under floating status can take the training but with no allowance or any payment, during the period of training. If they fail examination for 3x then they will be terminated permanently. Will there be any grounds of illegal dismissal in this case?

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2 Re: Floating Status on Wed Jun 05, 2013 2:44 pm

Patok


Reclusion Perpetua
the training is entirely different as it is not paid.. the employee can even argue that they dont have to attend that.. then if they fail the exam 3x they will be terminated.. how did the training became a basis?

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3 Re: Floating Status on Wed Jun 05, 2013 2:59 pm

JonT


Arresto Menor
The training is open for all employees not just to those who'll be under floating status. Reason for going on float was because of the account (pullout) that will be closing by the end of the month. And since there are too much headcount overall, to avoid any claims, illegal dismissal, and such, company decided to come up with a floating status for those who will be affected and are encourage to join training for other accounts so that if they pass then they can be absorb to that account. However, if they fail (max of 3x)then discontinuance on the part of employer since they are not fit for the role/job.

Appreciate your response.

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4 Re: Floating Status on Wed Jun 05, 2013 3:30 pm

Patok


Reclusion Perpetua
to avoid any complications.. why not retrenched those that will be affected.. you're just using the training to terminate some employees because you have too much man power.. that's not the proper solution.. the solution to avoid any legal problems is to retrenched those that will be affected.. no headaches.. no law suit..

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5 Re: Floating Status on Wed Jun 05, 2013 3:36 pm

JonT


Arresto Menor
Okay, got it thanks for your reply.

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6 Re: Floating Status on Thu Jun 06, 2013 11:49 pm

attyLLL


moderator
you will have to comply with requirements of notices and payment of separation pay.

imo, you cannot put a person on floating status without if there are other positions available.


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7 Re: Floating Status on Fri Jun 07, 2013 9:38 am

JonT


Arresto Menor
Noted, unfortunately for those who'll go on floating status we do not have any position available for them since they are not trained to support other programs. Until such time that they opted to join the training and pass the examination we can re-call them and endorse to that program. Thanks for the reply attorney.

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8 Re: Floating Status Today at 10:28 am

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