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Temporary Shutdown

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1 Temporary Shutdown on Wed Jan 21, 2015 1:27 am

SHINIGAMI


Arresto Menor
For the past 6 months, the company I am working for reduced our 5-day work week to just 3 days as the partners who own the company (foreigners) had a legal squabble... The administrators here told us that the company is losing money and they are forced to implement this cost saving measure to save the company... We lost 40% of our salaries. And to compound our woes, they did not pay us on time (last salary received was for the month of November...
Just this afternoon, they called a meeting and told us the situation has gotten worse and they have to implement a temporary shutdown... But they say that we will be "on call". My understanding is that a temporary shut down is implemented to prevent further losses since the company doesn't receive enough projects (landscape design outsourcing from China). But to be "on call" would mean there are already projects. They say the "on call" status would only apply to selective people of the company. Is this legal? Should the company first lift the temporary shut down order? And there are rumors that the company would eventually file bankruptcy before the 6th month period of the shutdown. Would this qualify as constructive dismissal?
We asked about our remaining salaries and 13th month pay,,, The admin told us that they are still waiting for the release of the "collectibles" and did not specify a date... Should we ask for at least a letter (a promissory letter) that they are acknowledging that they owe us?

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2 Re: Temporary Shutdown on Thu Jan 22, 2015 1:23 pm

attyLLL


moderator
the law allows a temp shutdown for 6 months, but when an employee is called back, it should be a full back to work, not a quickie job then back to floating status


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