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Redundancy applied to me? and other concern...

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1 Redundancy applied to me? and other concern... on Fri Oct 17, 2014 10:13 am


Arresto Menor
Dear Sir/Madam,

Pleasant Day!

I write to seek your legal advice on what I believe is unfair and unjust treatment that I have experienced for the past months now. I seek to have clarity on my concern about my employment status. Last June I received an email from HR informing me to apply to any of the current vacancies and I was surprised because as far as I know I never resigned from my position or never requested transfer to any position neither have I been dismissed.
I was seconded for a year in our International office as Business Analyst and I've been with the organization for 15 years now. I was seconded for a year with the condition that I am to go back to my old post under my previous Team/Dept – with knowledge, consent and approval of our office.

“Attempt to reassign you with the same position, or a position similar to the position held prior to your secondment. However, placement is conditional upon positions available at the time of reassignment back to ________”

Last February 2014, two months before my Secondment contract ended, I wrote a letter to HR and to my Supervisor and asked about the steps I need to take for me to come back to ______ and was then told that my position in my previous team as Officer was dissolved in October 2013 and according to my Supervisor – my position was no longer included in the current Sponsorship Manpower Forecast. And it was only last March 20, 2014 that I received an email from HR informing me that my position in _____ as Officer was dissolved.

On May 2, 2014, immediately after my contract ended, I reported to _______. Since my secondment contract mentions or stipulates that “You will be an employee of ________and you will not be considered as employee of ________ International", I was confident that when I came back (last May), I will not have any problem concerning my position and employment status but with the series of email communication to our HR Director and my Supervisor, it seems that I am now in floating status. And indeed, I’m now floating for almost 6 months (to be 6 months floating by end of this month-Oct).

I feel I am being unjustly treated for the past months and days now, I have been loyal and faithful to the organization for 15 years and I believe I do not deserve this, especially from a Christian organization. The more I clarify things from our HR Director and my previous Supervisor, the more I get confused. I feel that the organization is just waiting for me to give up and be forced to resign.  And so I am left with the decision to write our National Director last June and seek his help.

Last July, I have a meeting with our HR Director, my previous Supervisor, our Operations Director and 1 HR staff (as a result of my email to our ND) and clarify things that really confuse me with regards to my Status…in short, the result of our meeting I asked for the next step and they told me to response to their email regarding vacant positions that was emailed to me before then wait for the details of redundancy. I did email/response them right after our meeting  on the vacant position which I indicate that I deemed no vacant posts commensurate to my professional/work experiences and capabilities.

And up to the present, I don’t receive any advice from our HR and I followed-up them last week regarding our last meeting and the response to me …”This is  for approval and will send you after its been approved soonest.” I wanna ask sana yung specific date and what applied ba sa akin if dumating na yung time na 6 months floating na ako?

Currently, the company is on the process or “realignment” (they said it’s realignment and not restructuring) and during our staff meeting last Aug 1, it was reiterated that all process for internal application within the Dept/Unit should be done for the whole month of August.

I don’t know if I should wait for the “realignment” thing that currently happening to our company. Kasama pa ba ako dun sa realignment process kaya tagal nung redundant notice sa akin or my case should be treated separately? Honestly, bumabalik na naman yung pakiramdam  na I feel so demoralized for what happen to me at wala akong ginagawa unlike other staff (in my previous team) na super busy doing planning, meeting, etc. Yes, I still receive my monthly salary regularly but that’s beside the point for what I felt inside (nakaka bobo at nakakaloka maghintay) which akala ng iba ay ok lang kase sumasahod ako;( pero mas iba yung pakiramdam inside of me na super low at negative yung mga nararamdaman ko, With this, I just like to ask if possible na ba ako maghanap ng work outside our company (after 6 months duration na floating ako since yun naka state sa law natin) na hindi ako ma-technical at balikan nila? Or should I really wait for redundancy notice? But until when ba dapat I-serve yung redundant notice sa akin and also the package? I want to move on and move forward na and seek other options na outside our company and madami na akong napalagpas na opportunity since I’m waiting for redundancy notice and I don’t want to resign for since I know na mas higher makuha ko if redundant as compare to resignation (being a practical lang din since I waited so long na din).

Sorry at masyado ng mahaba. I’ll wait on your advice on my concern po.


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Reclusion Perpetua
Wait for the 6 months to lapse then you are entitled to separation pay of 1 month pay for every year of service.

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Arresto Menor
After 6 months even without redundancy notice from our HR, I can apply to other company? even the company is the International office of my current office (may opening kase sa pinanggaling ko where I seconded for a year).

Should I file a case after 6 months just to have the separation pay? what is other benefit I'm entitled aside from separation pay?


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IMO, they cannot put you under floating status unless there is a valid basis for it.

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