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Indefinite Leave

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1 Indefinite Leave on Thu Jun 12, 2014 4:36 pm

paparich


Arresto Menor
Dear Atty.
Last April 2 2014 my employer (BPO Company) talked to me and wanted me on Indefinite Leave and write a letter to our President at U.S. that I will start my leave on April 7 2014 because they are downsizing our account.  I tried to call them last week if there are any news that they will reinstate me, and they said the only position available is for night shift (since I was on day shift) and it's for sales which I'm not qualified and they also said to write a letter to our President if he can find or create a position just for me (which I know they are the one should find me a position which I'm qualified since they are the one who put me on indefinite leave).
My question is if I can request them to just lay me off or retrench me so I can move on and find my self other company that can hire me?
Because I have a feeling they are just waiting for me to file a resignation instead to lay me off so they can save to whatever compensation I deserve since I was already working with them for 3 years.
Thanks in advance,

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2 Re: Indefinite Leave on Fri Jun 13, 2014 8:50 am

Patok


Reclusion Perpetua
you have been put into floating status.. if there's no job available, they can do this for a period of not more than 6 months, after which, they can retrenched you if there's still no job available.

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3 Re: Indefinite Leave on Wed Jun 18, 2014 5:36 pm

paparich


Arresto Menor
Hi,
I just found out they are hiring with the same position I had with them but still I haven't received any call from them.
May I know kung pwede ba nilang gawin yun or what action I must do after they put me on indefinite leave?
Thanks in advance,

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4 Re: Indefinite Leave on Wed Jun 18, 2014 6:15 pm

council


Reclusion Perpetua
paparich wrote:Hi,
I just found out they are hiring with the same position I had with them but still I haven't received any call from them.
May I know kung pwede ba nilang gawin yun or what action I must do after they put me on indefinite leave?
Thanks in advance,

Same position, same account as before?

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5 Re: Indefinite Leave on Wed Jun 18, 2014 6:20 pm

paparich


Arresto Menor
Yes, same account, same position. As what I have seen in jobopenings.ph they need 5, they posted it last Jun 7 2014

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6 Re: Indefinite Leave on Wed Jun 18, 2014 6:30 pm

council


Reclusion Perpetua
paparich wrote:Yes, same account, same position. As what I have seen in jobopenings.ph they need 5, they posted it last Jun 7 2014

You can ask them why they are hiring. Clarify first, before you complain at DOLE.

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7 Re: Indefinite Leave on Thu Jun 19, 2014 10:33 am

alexisbantilan


Reclusion Perpetua
File constructive dismissal case against that erring company.

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8 Re: Indefinite Leave on Thu Jun 19, 2014 12:02 pm

paparich


Arresto Menor
is it okay to file contructive dismissal if they are looking for nightshift with the same position since I was in dayshift?

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9 Re: Indefinite Leave on Thu Jun 19, 2014 12:03 pm

council


Reclusion Perpetua
paparich wrote:is it okay to file contructive dismissal if they are looking for nightshift with the same position since I was in dayshift?

Can you work night shift?

Go ask the management first.

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10 Re: Indefinite Leave on Thu Jun 19, 2014 12:07 pm

paparich


Arresto Menor
they know I can't work at night because of my situation but as of now they prefer nightshift

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11 Re: Indefinite Leave on Thu Jun 19, 2014 12:11 pm

council


Reclusion Perpetua
paparich wrote:they know I can't work at night because of my situation but as of now they prefer nightshift

You can't file for illegal dismissal then.

They need people for a position that you cannot fill, and they are within their rights to look for people who can do what they need.

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12 Re: Indefinite Leave Today at 12:12 pm

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