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Closure or Cessation of Business Operation | Employee Employer Relationship

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Arresto Menor
Hi Mesdames/Sirs,

I would like to ask a legal opinion regarding above subjects and below statements;

I will appreciate any response on this matter.

1. Closure or Cessation of Business Operation - may I ask if it's legal if an employer will not pay a separation pay if our company will be acquired by another company to pursue all technical projects hence the current company will only handle non-technical projects and will still continue it's operation. As per them, once we signed the contract for the new company, all our benefits and length of service will still remain but we will be automatically tagged as resigned with our current company without any separation pay. Can I accept the new contract and file a dispute on the separation pay. I'm just worry if they will suspend or terminate my current contract with the new company despite i'm a regular employee.

2. Employee Employer relationship - Can I file a case even I'm a manager to be an employee of our mother company? We have a mother company and we are subs and affiliates of it. I was deployed in a project of our mother company, Im the manager (project spoc) but they can direct orders to my employees without my authority since we are on a staff augmentation practice not a full managed one. They can request direct overtime to the employees. My id is named on our mother company.

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HR Adviser

Reclusion Perpetua
1. Since your length of service and current position are carried over to the new company, they are not oblige to pay separation pay. Separation pay is only a must if your tenure is set back to zero

2. Why do you want to file a case? What case are you going to file. Your details are a little bit vague

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Arresto Menor

In relation to above, what if an employee decides not to join the new company. Will the employee be considered as redundant? Is not joining the new company an employee's option?

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Reclusion Perpetua
no it's not.. unless it is offered by the company..

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