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Redundancy? Tranfer of location for a different account?

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babevrean


Arresto Menor
Hi,
I've been working in a bpo company for almost 3 years now in Makati. Our account caters to Canadian customer who mostly speaks French and I with other Pinoys take English calls. Most of my colleagues came from different french speaking nations. Last October we were stormed by the immigration, arresting almost all of them since they don't have working permits that may have resulted to the impending cease of the operation in Makati this Dec 1, 2014. My contract bears the name of the client and we are tag as client's associates. The company (apparently) claims the client hasnt renewed their contract yet, so all of us will be transfered to LIBIS but on a different account with no additional fees or whatsoever. Prior to this we were asked to take unpaid leaves unless we want to consume our SILs which we strongly disagreed. Now half of the Pinoys were picked to stay in Makati till Nov 30 and the rest including me has to be trained in LIBIS or else we won't be paid. Some of us took the force leave instead contemplating of resigning since we thought it's not feasible to work there and no assurance that the client would renew its contract so we maintain our position. We thought it's unfair that we were affected by the illegal foreign recruitment. Do we deserve a redundancy pay, relocation fee or separation pay? Are there any legal actions we could take against them? We really need your advice.

Thank you.

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council


Reclusion Perpetua
None to all your questions.

You are still employed, the company has the right to move its employees as it sees fit (or even move location).

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karl rove


Reclusion Perpetua
babevrean: Your BPO company is operating illegally in the country-no working permit, that explains the raid by the BI. An office operating illegally on its face has no right whatsoever to recommend personnel movement, unless you consented. My advise: If you have pending monetarial benefits, collect them, if they dont pay..sue them, criminally, civilly and other labor laws.

PM me if your interested to pursue a legal action.

tnxs

K.R.

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karl rove


Reclusion Perpetua
babevrean: Your BPO company is operating illegally in the country-no working permit, that explains the raid by the BI. An office operating illegally on its face has no right whatsoever to recommend personnel movement, unless you consented. My advise: If you have pending monetarial benefits, collect them, if they dont pay..sue them, criminally, civilly and other labor laws.

PM me if your interested to pursue a legal action.

tnxs

K.R.

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babevrean


Arresto Menor

Hi,

Thank you for the advise. I would like to add up something. Currently, the company are saying that the client is still active and they have chosen only 25 people including the support to stay with the account. Most of us tenured who pioneered the account and consistently doing well during their operation in Makati were not selected. They couldn't tell us what their basis for selecting who will stay. The big question is why us perfomers are not chosen. Is that a constructive dismissal? They say that when we go there tomorrow at Libis we have to undergo training for a different account. And if we failed to attend the training they will be coerced to process our backpay implying our resignation by their choice.

Babevrean

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babevrean


Arresto Menor
Hi,
With their new statement I'am not sure if we are battling against the company or against the client for not picking us to stay even though all the operation will be in Libis. Some say that the company is doing it in good faith to secure our tenure if we can no longer be on the original account that we are contracted with.

Babevrean

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babevrean


Arresto Menor
Hi karl rove,
You say monetary benefits? Does that include separation pay?

Thanks

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council


Reclusion Perpetua
babevrean wrote:
Hi,

       Thank you for the advise. I would like to add up something. Currently, the company are saying that the client is still active and they have chosen only 25 people including the support to stay with the account. Most of us tenured who pioneered the account and consistently doing well during their operation in Makati were not selected. They couldn't tell  us what their basis for selecting who will stay. The big question is why us perfomers are not chosen. Is that a constructive dismissal? They say that when we go there tomorrow at Libis we have to undergo training for a different account. And if we failed to attend the training they will be coerced to process our backpay implying our resignation by their choice.

Babevrean

Selection is prerogative of management.

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babevrean


Arresto Menor
Hi,
With their new statement I'am not sure if we are battling against the company or against the client for not picking us to stay even though all the operation will be in Libis. Some say that the company is doing it in good faith to secure our tenure if we can no longer be on the original account that we are contracted with.

Babevrean

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council


Reclusion Perpetua
Battle with the company or the client and you risk losing your employment.

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babevrean


Arresto Menor
Hi,
With their new statement I'am not sure if we are battling against the company or against the client for not picking us to stay even though all the operation will be in Libis. Some say that the company is doing it in good faith to secure our tenure if we can no longer be on the original account that we are contracted with.

Babevrean

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council


Reclusion Perpetua
babevrean wrote:Hi,
  With their new statement I'am not sure if we are battling against the company or against the client for not picking us to stay even though all the operation will be in Libis. Some say that the company is doing it in good faith to secure our tenure if we can no longer be on the original account that we are contracted with.

Babevrean

That's the 3rd time you "said" that via copy-paste.

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babevrean


Arresto Menor
Hi,
My apologies there were system glitches since I was using mobile phone that sporadically losing its connection.

Thank you for the advice. This put some enlightenment to us.

Alright then, I guess we need to accept their offer for our tenureship and for securing our job. However what if we failed the training, would that be a ground for termination?

Babevrean

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