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compelled to give up employment

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1 compelled to give up employment on Sat Nov 09, 2013 12:27 am

unempl0yed


Arresto Menor
Been a call center agent for two years at a stable company, yet I resigned to join another call center as they posted advertisements of a steady day shift. I was even invited by a friend from their HR Team to apply, so I did. Quit from my previous job in the hopes of having a normal life and a healthier sleep pattern, especially I have two small children, a day shift is very inviting. Then there I was, training. After a few days, it was announced that the account that caters to day shift customers has backed out, and we will now be deployed to another account. The account we are put into is not in day shift, so I am left with no choice but resign since I feel I was tricked. My question is, WOULD THIS BE CONSIDERED A CONSTRUCTIVE DISMISSAL CASE? The contract signed states an agreement to be transferred to another account if the business needs to, yet I just really feel that it is not just and reasonable that I would be transferred to a non day shift account. In the first place, I would never have applied to their company if not for the advertisement. Though the contract says otherwise, but at the time of signing, me and the other applicants were repeatedly assured that we are hired for a day shift schedule.. so this brings my second question: WOULD THAT ORAL AGREEMENT ABOUT THE SHIFT BE CONSIDERED AN ORAL MODIFICATION OF THE WRITTEN CONTRACT SIGNED? especially that it was not just me who was told of the information, there were many of us assured the same thing at different times of job offer. The company explains that the backing out of the planned client was out of their control, which I totally understand, all I ask is a reasonable deployment that would somehow match the only reason why I joined their company, which is day shift. I feel really upset and tricked. They extended the probationary period too, total of nine months now, instead of a six month period as in the contract. If I would want to file a complaint, WHERE AND ON WHAT GROUNDS WOULD THIS SCENARIO POSSIBLY FALL FOR A CASE? I hope you can enlighten me on this. I just really feel so little, without rights.

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2 Re: compelled to give up employment on Sat Nov 09, 2013 12:47 am

HR Adviser


Reclusion Perpetua
Transferring you from day to night shift cannot be considered as a constructive dismissal since you were not singled out nor was it intentionally done. Constructive Dismissal is an involuntary resignation resulting in cessation of work resorted to when continued employment becomes impossible, unreasonable or unlikely; when there is a demotion in rank or a diminution in pay; or when a clear discrimination, insensibility or disdain by an employer becomes unbearable to an employee.

But in my opinion, you can fight for your regularization. Were you notified that your probationary status will be extended?

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3 Re: compelled to give up employment on Sat Nov 09, 2013 2:27 pm

unempl0yed


Arresto Menor
I appreciate the quick and informative response, you just don't know how much help you've provided.

We were asked to sign a paper that states we agree to extend the probationary period. Of course since we needed jobs, we signed it because it states in the paper that if we do not sign it, our employment would be terminated a few days after that signing date. We wanted to argue about it, but we also did not want to lose jobs, most of us are parents. It was like we were left with no choice but to sign.

Regarding my question about the contract, when can it be voided? Would I have a chance to fight that verbal assurance from their HR kept telling us about a steady day shift?
And the advertisements I've kept that originally tempted me to join the company, would that be helpful to fight for a day shift? Wouldn't there be a law on deception or false advertising?

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4 Re: compelled to give up employment on Sun Nov 10, 2013 2:07 am

HR Adviser


Reclusion Perpetua
If you want to void it, still you have to contest in court.

Why were you extended? Usually, a probationary status is extended if the employee has poor performance and the company would like to give him a chance.

I can't think of anything to compel the employee to give you a morning shift since the account is lost. If you filed a complaint at DOLE and I represent the company, my argument would be this: The advertisement is not false since we have a client that would prefer day-shift account. But as unseen circumstance, the client backed out prior to your deployment. And from the start, you have signed a contract stipulating that you also agree to have whatever shift the company can give you in the future. I cannot also pull out other employees having a day shift so that I could cater you because it is also unfair on the other employees. But I can compromised that should there be any vacancy for day shift, you would be prioritized.

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5 Re: compelled to give up employment on Sun Nov 10, 2013 2:57 am

unempl0yed


Arresto Menor
The probationary period was extended since we were "floating employees" for a couple of months, they claim they do not have any basis for rating our performance. Most of us find it unfavorable since it wasn't our issue to start with that we became "floating employees". Could this have been argued not to extend the probationary period then?

The planned client only backed out when we were already on the third week of training. Yes it was an unseen circumstance and out of anyone's control, yet would it not be possible to demand for arrangements about getting the preferred dayshift, especially considering that we would have never joined this said company if it were not for this ad that was very enticing. Having given up previous jobs with higher pay or more benefits just to get the dayshift, would this be reasonable enough to ask for a compromise?

So with your legal expertise, you are telling me I have nothing against this company who has deceived me and denies to my simple request to stand for the ad they have invited me with in the first place?

If I just choose to resign, what can you say about the monetary bond that holds me to stay for a certain period of time? Would it mean the company can hold it against me? Many of us have already resigned because of this, however they are those people who have decided to pursue another industry and are not worried about background checks, I worry about it much because I would still find myself in another call center after this, so I am very afraid that the bond might be used against me, might be a reason I would not be accepted in another callcenter. Please advise me.

Your responses have been appreciated and are looked forward to.



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6 Re: compelled to give up employment on Sun Nov 10, 2013 6:28 pm

HR Adviser


Reclusion Perpetua
I am not pretty sure if there is. I have tried researching also in SC cases but none would really match your concern. You could consult DOLE.

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7 Re: compelled to give up employment on Sun Nov 10, 2013 7:16 pm

stashracer


Arresto Menor
HR Adviser wrote:I am not pretty sure if there is. I have tried researching also in  SC cases but none would really match your concern. You could consult DOLE.

You may use the Mariwasa vs Leogardo as an applicable case GR No.74246 January 26, 1989. Here a probationary may be extended so long as it will the employee extended period to prove it worth for the company in place of totally not regularising and terminating the employment. Again employers are given wide latitude in determining its operation and actions. As long that it will not create injustice.

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8 Re: compelled to give up employment on Mon Nov 11, 2013 9:54 am

HR Adviser


Reclusion Perpetua
stashracer


How about unemloyed's concern about her employer's promise to give day-shift schedule but when the client backed out, they were given night shift. Any advise? You might be able to help her with this one.

Smile

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