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Can I file a case against my company?

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1 Can I file a case against my company? on Sat Sep 21, 2013 2:02 pm

jalex


Arresto Menor
Hi,

I have been wondering if I can file any labor case against my company. Here are the facts:

1. I am currently working as an HR Officer.

2. In July 2013, our newly hired VP HR asked my boss, HR Business Partner (HR BP), to move to one of our plants up north to become the HR BP there. The VP said that this will be a short-term assignment and asked who can be trained to replace him. My boss identified me.

3. The VP talked to me and discussed the opportunity and the potential for growth and development. Of course, I agreed.

4. Effective Aug 1, 2013, my boss and I transferred to the plant. He assumed the position of HR BP and I assumed a new position Employee Relations and Services Officer (the HR Officer position in the plants was replaced with this new position; I think it is worth noting that this position has no job description to date).

5. As per company policy, since I will be transferring from one sector to another, I am eligible to claim relocation benefits: cost of living allowance, housing allowance, transfer of personal effects, and monthly home visit.

6. To date, I have not received my transfer papers but I have been reporting to the plant. With that, I have not received any of my relocation benefits. Also, from what I know, my position in the Head Office (where I came from), has been abolished.

7. In July, I discussed the relocation benefits with the Comp and Ben Manager. And verbally, she agreed to the benefits since all of them are within our relocation policy. I discussed this with her to avoid delays in the process.

8. Until now, I have not seen and signed my transfer papers, any formal announcement of our transfer, and I have not seen or signed my job description.


With these, is there a case I can file against my company? I am thinking to the likes of constructive dismissal since I am already thinking of resigning brought about my hardship in my new workplace since I have not received any of my relocation benefits. Also, since I have not seen the job description, I am not sure if I am competent to do the job and they may be just setting me up to fail and eventually, I may be dismissed from the company. Lastly, since I have not signed any document stating that I have transferred to a new position (without a jd) and that they have abolished my position in the HO, can I claim for redundancy since technically, I am floating now.

Thank you.

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2 Re: Can I file a case against my company? on Sun Sep 22, 2013 7:29 am

tatan1712


Arresto Mayor
Write the comp and ben manager and remind him/her of your verbal agreement. Request all the docs to formalize your transfer.
Copy furnish the VP HR And your immediate boss.

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3 Re: Can I file a case against my company? on Sun Sep 22, 2013 9:26 am

attyLLL


moderator
do NOT resign. by being assigned there and already reporting at the plant, you are already deemed transferred regardless if there are any irregularities in paper work.

i am sure you are inconvenienced by their delay or failure to give allowance, but that by itself is not constructive dismissal. if you file a complaint, it will sound like you have some wild conspiracy theory which will be impossible to prove.

do send an email courteously reminding them of your entitlement to the reloaction allowance.

if it seems like you made a mistake in accepting the assignment, talk to your boss. but if no solution is given to you, then there is no alternative but to suck it up and do the best in the new position or resign.


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