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On Retrenchment

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1 On Retrenchment on Sun Jul 13, 2014 9:38 pm

schzenwar69


Arresto Menor
Hello Attorney/s,


Im currently working in a BPO company and that our program/account im with right now will not renew the contract with my company. The company already informed us through writing that while some positions might be needed for a different account, some needs to be retrenched.

Questions now:
1. After our last work date as stated on the document, how many days can we get our Separation pay?

2. Is the Separation pay Taxable?

3. Is it really true that there would be a hiring freeze for the positions that were retrenched?

4. My contract has a non-compete clause, will this be invalidated right after we get retrenched?

Your help/advice is greatly appreciated...


Thanks in advance!

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2 Re: On Retrenchment on Sun Jul 13, 2014 10:12 pm

council


Reclusion Perpetua
schzenwar69 wrote:Hello Attorney/s,


Im currently working in a BPO company and that our program/account im with right now will not renew the contract with my company. The company already informed us through writing that while some positions might be needed for a different account, some needs to be retrenched.

Questions now:
1. After our last work date as stated on the document, how many days can we get our Separation pay?

2. Is the Separation pay Taxable?

3. Is it really true that there would be a hiring freeze for the positions that were retrenched?

4. My contract has a non-compete clause, will this be invalidated right after we get retrenched?

Your help/advice is greatly appreciated...


Thanks in advance!

1. check normal procedure with your company - can be anywhere from 15 to 60 days as long as it's within reasonable time.
2. No.
3. Yes.
4. No, especially if you hold sensitive client information.

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3 On Retrenchment on Tue Jul 15, 2014 10:25 am

ate_gay@yahoo.com


Arresto Menor
Good morning attorney,
I have been a professional regular teacher at a Korean Academy( Seasonal Academy) for 7 years, and i was currently retrenched where the academy's reason was to prevent losses because there were no longer students who enrolled to study. On my last day, there were students who arrived and teachers were called back for assignment and teaching loads. The problem is that, the academy after a 3 conference with the NLRC arbiter, they just want to give me and the other employees a 50% of our salary in averaging computation. Recently, the academy is applying for a change in business name, which we feel that it might be a reason we wont be getting our separation pay. Questions...
1. Are we still entitled to separation pay after they have changed their business name?

2.The academy is still ongoing and there was no cessation, is the retrenchment illegal?

3.If in case we file a case to prove the validity of the retrenchment, are we still able to receive the separation pay weather we win the case or not?

We have been worried attorney for this little amount of money we are asking our employer. Please help us.

Thank you.

Teacher Guy

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4 Re: On Retrenchment on Tue Jul 22, 2014 12:43 pm

angelice74


Arresto Menor
Good day attorneys...

I would just like to inquire about my situation...

I was hired on a company (Construction Development) last May 26, 2014. After a month, they told me to stop coming to office. Their reason is that they will have to freeze for a while since the last projects they handled did not profit well and that they have to re-assess their ground. I would understand that since I saw how it affected their accounts on said projects, considering I'm just a month employed in their company. I just think it's kind of unfair to me why they have to still hire me when they have plans of freezing for a while. I think that I've wasted a whole month of my career when I should have been on onother company working instead. One more thing, On the day they told me that I had to stop coming to office is the last day I will be working for them. Shouldn't it be that they have to at least notify me at least 2 weeks so I can find onother job? Shouldn't they compensate for that? I'm really confuse as to why there are employers like them. This is actually my third time to be in the situation...

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5 Re: On Retrenchment Today at 8:14 pm

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