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Temporary Retrenchment,

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1 Temporary Retrenchment, on Tue Aug 12, 2014 1:04 am

ELG


Arresto Menor
Greetings pinoylawyer.org,

I would like to share my situation and ask some advice on how I can address the problem. I am currently work in a BPO company as a Quality Analyst, and promoted (verbally announced to all the company employees but not in paper) as a Quality Manager.

The HR personnel didn't provide a full contract to all employees including myself, but just a Job Offer stating that the hire date is: May 14th, 2014 and around July the employer advised everyone that there's cease operation for the campaign, and that every one will be on floating status.

Around the same month of the cease production status, the company outsourced the campaign to another BPO company in Cebu. Still, we are employed but on temporary retrenchment and the employer is denying that I was promoted. There were no MOA on the employee status (temporary retrenchment), and we were not advised 30 days prior to the temporary retrenchment.

Also, the last salaries we supposed to have, were still not fully paid.

I need help on what case can I file, what can I demand and where can I go for legal assistance in filing my case.

Thanks,
ELG

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2 Re: Temporary Retrenchment, on Tue Aug 12, 2014 5:45 am

council


Reclusion Perpetua
no such thing as temporary retrenchment.

floating status is maximum of 6 months so you might have to wait.

ask the company first about unpaid salary.

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3 Re: Temporary Retrenchment, on Tue Aug 12, 2014 5:58 am

ELG


Arresto Menor
I saw articles regarding floating status (a.k.a. Temporary Retrenchment), stating: "In accordance with the Labor Code, for a valid implementation of a retrenchment program, the employer must serve written notices on the employees and DOLE at least thirty (30) days prior to the intended date of retrenchment. Specifically, the purpose of such previous notice to DOLE must be to enable it to ascertain the verity of the cause for termination of employment. Finally, the more important aspect in the termination of employment is the payment of the employee’s separation pay equivalent to at least 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 as one (1) whole year."
The company that I was with, didn't advise us about the situation 30 days prior. No MOA or Floating-status documents were signed too. As early as now, there were requirements that weren't met. What are the case, that we and my colleagues can file.

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4 Re: Temporary Retrenchment, Today at 10:18 pm

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