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illegal dismissal

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1 illegal dismissal on Tue Sep 14, 2010 5:56 pm

allen0318


Arresto Menor
here's my story.

Ngsimula po akong mgwork as project employee for company A for an assistant position from dec 2007 to june 2008 then ngbigay po sila ng COE,to be continued pinagtake po nila ako ng exam then naasigned ako as finance analyst as of june 2008. then as of october 2008 nbili po ang aming kompanya na isa ring subsidiary at wala nmn pong ntanggal sa mga empleyado. then afterwards ng issue si company B ng probationary status as of dec. 2009 to june 2010.at natanggal po ako before the due date of probationary status. at ang tangi ko lang pinirmahang kontrata ay yung as assistant pa lang ako at yung probationary status.

ito ang mga tanong ko,

1. kailan po ba dapat mangyari yung probationary status ko?
2. tama po ba na alisin ako sa trabaho?
3. anu yung mga pananagutan sa batas ng company a at b?

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2 Re: illegal dismissal on Tue Sep 14, 2010 10:03 pm

attyLLL


moderator
were you paid separation pay by company a?


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3 illegal dismissal on Tue Sep 14, 2010 11:37 pm

allen0318


Arresto Menor
yung first company ay di po ngbayad ng separation pay nor ngissue ng termination letter upon closure ng company den yung second company ay di rin ng issue ng bagong contract. as is yung mga fellow employee ko before ay nalipat lahat including yung mga managers and yung mga subordinates and includes yung mga HR personnel namen before. Then i was claiming separation pay to the second company ng 2 months equivalent for my 2 years working then ayaw nila mgbayad. Tapos ang kiniclaim lang nilang responsibility is yung from dec 2009 to june 2010 which is probationary period. Ng file ako ng case sa NLRC then ayaw talaga nilang bayaran yung separation pay ko then yung nsa quit claim na inissue nila that stating na yung probationary status lang talaga yung responsible sila which is po na unfair para saken halimbawa dun po sa pg issue nila ng COE saken parang di macecredit yung working experience kong 2 years, kaya I declined po sa offer nila.

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4 Re: illegal dismissal on Wed Sep 15, 2010 3:39 pm

attyLLL


moderator
what kind of case did you file at nlrc? money claim or illegal dismissal? what stage are you in the proceedings? are you scheduled to file position papers?


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5 illegal dismissal on Wed Sep 15, 2010 7:56 pm

allen0318


Arresto Menor
ngfile po ako ng illegal dismissal then we are scheduled to made our position paper.

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6 Re: illegal dismissal on Thu Sep 16, 2010 8:50 pm

attyLLL


moderator
i recommend that you retain a lawyer to assist you in preparing your position paper. those company transfers requires evidence. good luck.


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7 Re: illegal dismissal Today at 8:38 pm

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