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Argument for separation pay.. please help me.

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1 Argument for separation pay.. please help me. on Wed Nov 12, 2014 7:17 pm

HelpApple


Arresto Menor
Good afternoon. I would just like to seek for any legal advice you can share with me, regarding my current employment status. This writing may be long but I will try to be as detailed as possible.

Last month, about mid-week of October our company manager set up a meeting for all the employees. She gave us the news that the company will move from MAKATI to ORTIGAS office this December (as for the decision of our Korean boss, who's base in Korea). They say that we will be under the new company name, and there will be a little changes in management, but it wont affect our work task, we can still have our job as like our normal operation. They also stated that they will CLOSE the operation of our current company. The manager talked to us in a manner of "I need to know kung sino sa inyo ang makakasama sa new office sa Ortigas, please give me your decision on our next meeting next week".

We employees are of course saddened about the news. All employees can not be able to go and join the new company for the following reasons:

1. Ortigas isn't very convenient place for us, our working time starts at 4:50 for the morning shift employess, and the afternoon shift employees finishes at 11PM. We are worried about our safety riding the bus in wee hours.
2. The additional 500 for transportation fare isn't enough.
3. All of us live in Makati and all of us are doing double jobs, so in short, our second job with another company will be affected because of the travel period from Ortigas to Makati.

Because of these reasons, we have decided to just wait for our to company to close in December. We told them our decision on the second meeting held. We discussed about the legalities of our monetary claims such as separation pay, and full back wages including the 13th month pay, unused leaves etc. if in the event that they will CLOSE our current company. And regardless of our decision whether we are joining or not to the new company (with the same position), they still need to offer / give us a new employment contract because that's already a new company name. SHOCKED by our claims and the amount of money that they might pay for all of us, the manager has decided to set up another meeting as she still have to discuss this matter to our Korean boss.

The 3rd meeting happened last week and to our surprise, our manager said that we WONT be getting any separation pay but instead the Korean boss changes his mind not to close the company but he will just make a CHANGE ADDRESS on his company license, to avoid paying us the separation pay and back wages. And he is now looking for new employees that will replace us. We are dismayed by this unfairness act and changes of minds when they learned about the amount of money they will give us. I have been working with full of dedication and loyalty to this company for over 5 yrs now. I just couldn't accept that the Korean boss will just intentionally find a way to avoid paying us. I was very devastated, has caused me so much anxiety and sleepless night.

I'm aware that if the company has just change the address they are not liable to pay their employees for any separation pay.

*** But given that situation above, may habol po ba kaming mga employees?

*** And if we can not have our claims for our separation pay, can we just at least file a complaint against him for moral and exemplary damages? I know that if we do not take actions he will just continue to do such thing to avoid his responsibility with his new employees.

*** meron po ba kayong pwede ma-irefer na corporate lawyers na pwede po namin mahingan ng tulong.

Thank you very much.

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council


Reclusion Perpetua
You have not signed any documents, you have not resigned, so you are still employees.

And the owner has his rights to transfer office location as he sees fit.

He is not intentionally avoiding paying you since you are still employed. It is your decision if you want to stay or not - you have to give proper notice.

I do not see any reasons for you to be entitled to moral and exemplary damages - and that will take years to resolve.

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attyLLL


moderator
changing address is within the company prerogative. if you want to continue employment, you'll have to adjust and just go to the new office. the distance between ortigas and makati cannot be a basis for a complaint.


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milesaway


Arresto Menor
Good afternoon Smile I have some questions po.

1. What if the employer failed to formally inform the employees that they will be transferring to another work location (from Marikina-Tanay, Rizal)?

2. What if the employees who are all living in Marikina doesn't want to be transferred in Tanay, Rizal decided to just resign and look for another job nearer, are they entitled for backpay/separation pay from the company?

Thank you po Smile

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council


Reclusion Perpetua
milesaway wrote:Good afternoon Smile I have some questions po.

1. What if the employer failed to formally inform the employees that they will be transferring to another work location (from Marikina-Tanay, Rizal)?

2. What if the employees who are all living in Marikina doesn't want to be transferred in Tanay, Rizal decided to just resign and look for another job nearer, are they entitled for backpay/separation pay from the company?

Thank you po Smile

1. Di naman pwede siguro na hindi sila nasabihan - it's not in the business interest as well not to inform the employees.

2. No separation pay.

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