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SEPARATION PAY FOR CO-TERMINUS EMPLOYMENT FOR 8 YRS

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hermano


Arresto Menor
Good day!

I'd like to ask for your help if I will be eligible to receive a separation pay after 8 years of employment under co-terminus contract. Our company is a service delivery partner of one of the Embassies here in the Philippines since 2002. But for some reason, the partnership will now end this June 2014.

I was hired by the company on May 2006 as a customer service representative and was promoted as Team Leader last August 2010 up to now. Every year I sign a contract every 11th of August with the same job descriptions when I was a CSR then same through when I took the position of a TL.

The company is updated in paying for my SSS and Pag-Ibig contributions since I started working with them.

Am I eligible po ba to receive a separation pay when we end our services with the embassy this June 2014?

Please advice and thanking you in advance.

Many Thanks

Hermano

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council


Reclusion Perpetua
hermano wrote:Good day!

I'd like to ask for your help if I will be eligible to receive a separation pay after 8 years of employment under co-terminus contract. Our company is a service delivery partner of one of the Embassies here in the Philippines since 2002. But for some reason, the partnership will now end this June 2014.

I was hired by the company on May 2006 as a customer service representative and was promoted as Team Leader last August 2010 up to now. Every year I sign a contract every 11th of August with the same job descriptions when I was a CSR then same through when I took the position of a TL.

The company is updated in paying for my SSS and Pag-Ibig contributions since I started working with them.

Am I eligible po ba to receive a separation pay when we end our services with the embassy this June 2014?

Please advice and thanking you in advance.

Many Thanks

Hermano  

What did the company say regarding your employment status with them after June 2014? Will you not be transferred to another client or department?

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hermano


Arresto Menor
Hi, thanks for the reply. The company has already informed us that they 'll just give us some token but not a separation pay since not all of us could be transferred to other accounts and department.

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Reclusion Perpetua
hermano wrote:Hi, thanks for the reply. The company has already informed us that they 'll just give us some token but not a separation pay since not all of us could be transferred to other accounts and department.

Yung hindi ma-transfer, token (amount) lang ang ibibigay at hindi separation pay?

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hermano


Arresto Menor
Yes daw token lang at Hindi separation pay

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Reclusion Perpetua
hermano wrote:Yes daw token lang at Hindi separation pay

Magkano naman daw?

Strictly speaking, separation pay yan dapat kung walang trabahong ibibigay sa inyo at tatanggalin kayo sa company.

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hermano


Arresto Menor
No amount was mentioned pero tlgng hindi daw separation pay eh. Thanks s reply maybe need ko ilapit to sa NLRC.

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hermano


Arresto Menor
Any suggestions po from anyone will be highly appreciated. Thanks

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Reclusion Perpetua
hermano wrote:Any suggestions po from anyone will be highly appreciated. Thanks

What other suggestions would you need?

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Patok


Reclusion Perpetua
you are employed and was just assigned to the embassy is that what happened? then the contract with your company and the embassy ended. But you are still employed in your company, is that correct? It's just like an account has closed. I don't think you are entitled to a separation pay.

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hermano


Arresto Menor
No sir. I was employed and assigned to the embassy account. Now that this account is now about to close, my employment with the company will also be terminated since I will not be transferred to other account or department.

May laban po ba ako na makakuha ng separation pay?

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Patok


Reclusion Perpetua
yes you are, but not with the embassy, but with your employer.

It's like retrenchment pay, not separation pay.

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council


Reclusion Perpetua
It actually is separation pay. I'd say it's a redundancy situation.

ART. 283. Closure of establishment and reduction of personnel. - The employer may also terminate the employment of any employee due to the installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the provisions of this Title, by serving a written notice on the workers and the Ministry of Labor and Employment at least one (1) month before the intended date thereof. In case of termination due to the installation of labor-saving devices or redundancy, the worker affected thereby shall be entitled to a separation pay equivalent to at least his one (1) month pay or to at least one (1) month pay for every year of service, whichever is higher. In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.

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hermano


Arresto Menor
Is that applicable to my case po ba? Kasi though I am employed continuesly with the company for 8 years now, I sign a contract every year under co-terminus contract. Please note po na updated naman sila in paying for my SSS and Pag-ibig contributions.

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Patok


Reclusion Perpetua
it actually falls on the 2nd paragraph.. hindi naman sila redundant eh.. nag end yung contract sa embassy..

"in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year."

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Reclusion Perpetua
Patok wrote:it actually falls on the 2nd paragraph.. hindi naman sila redundant eh.. nag end yung contract sa embassy..

"in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year."

IMO the operations of the establishment (company) did not cease. It still exists but the employees do not have jobs waiting for them as they "excess" already so they should fall under redundancy.

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Mariposa


Arresto Menor
Hello po good morning. I have a concern regarding my separation pay. I have been working for a Korean phone English company for the past four years. Last March the company was sold to another owner. I was part of the sell out,then yesterday my new boss suddenly wanted to change how they pay me. From monthly basis to per student basis. I said I will think about it,but they didn't wait for my decision instead they told my students I'm leaving and quitting the company. I was shocked and angry. My question is can I ask for a separation pay? We don't have a contract though and no pay slip either they are base in Korea but they also have a company in Iloilo. Thanks for the help.

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Reclusion Perpetua
Mariposa wrote:Hello po good morning. I have a concern regarding my separation pay. I have been working for a Korean phone English company for the past four years. Last March the company was sold to another owner. I was part of the sell out,then yesterday my new boss suddenly wanted to change how they pay me. From monthly basis to per student basis. I said I will think about it,but they didn't wait for my decision instead they told my students I'm leaving and quitting the company. I was shocked and angry. My question is can I ask for a separation pay? We don't have a contract though and no pay slip either they are base in Korea but they also have a company in Iloilo. Thanks for the help.

If your separation from the company comes out as a resignation, the only time you will get any separation pay is if the company provides for it in their policies.

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Mariposa


Arresto Menor
I didn't resign. They just told students that I'm leaving. I didn't know anything.

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Reclusion Perpetua
Mariposa wrote:I didn't resign. They just told students that I'm leaving. I didn't know anything.

So pumapasok ka pa?

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Mariposa


Arresto Menor
Opo

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Mariposa


Arresto Menor
And they haven't given my salary for three months now.

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council


Reclusion Perpetua
Mariposa wrote:And they haven't given my salary for three months now.

Go file your complaint with DOLE.

Show proof na pumapasok ka pa.

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