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Redundancy program

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1 Redundancy program on Fri May 15, 2015 8:35 am

ace_legal


Arresto Menor
Hi sirs/madames, tanong ko lng po sna during restructuring ng org set up ng-envoke ng redundancy ang management;
1. we have two main offices, by practice, pero by legal registrations, main and branch offices.
2. main and branch offices has its own supervisors and managers
3. all staffs handling supervisory to managerial positions in both offices affected cya.
4. process is, if you dont pass the evaluation, you will be paid of separation pay as mandated by law.

Question:
1. if during evaluation you applied in a different managerial position then you were accepted, does is it entitle you to be paid with separation pay? my previous post is operations manager then i applied as QA manager.

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2 Re: Redundancy program on Fri May 15, 2015 8:55 am

LandOwner12


Reclusion Perpetua
redunduncy,,as the process itself is streamlining,,
tanggalin ang wlang saysay....
, as in separation pay, as in they will lay you off,, as a compensation for you, when you detach from the company...
so if you will stay in the company, regardless of main or branch,, as long as you stay there, u will get nothing.
pwede rin na parang cut ka na sa old position, u legally separated by redundancy, get your separation pay, but u will undergo as a new employee on your new assignment, pwedeng dadaan sa probationary period uli...all benefits were reset... length of stay,,bonus, etc,,
either way is legal. it then depends on the company how they re-org.

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3 Re: Redundancy program on Fri May 15, 2015 9:02 am

ace_legal


Arresto Menor
agree..thanks very big for your prompt response Landowner12..

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4 Re: Redundancy program on Mon Jun 01, 2015 3:03 pm

ace_legal


Arresto Menor
Hi again. just another set of scenario, what if during the evaluation process there are discrepancies in the criteria being followed. Criteria as disseminated was based on performance.

What if the ff scenarios happened, say, there are 8 employees evaluated for 4 positions.

Scenario 1
Positions 1,2 & 3
1. EE1 - poor performance but with 10years in service
2. EE2 - good performance, only 3 years in service.

Analysis:
a. same scenario was applied to all 3 positions.
b. EE1 was selected to stay, for obvious reason that the company will be obliged to disburse higher pay should they fail him.
c. EE2 was subjected for separation pay thus will be issued with 30days notice and will be terminated.


Scenario 2
Position 4
1. EE1 - poor performance but with 9years in service
2. EE2 - good performance, only 11 years in service.

Analysis:
a. EE2 was selected to stay. no questions in this matter.
b. evaluation was based on performance considering that both employees do not differ much in their years in service.

>>>
Question/s
1. is there any legal move available for employees affected under the scenario #1 considering that there were no uniform criteria?
2. if yes, what documents need to produce to use as basis for filing an inquiry or a case in DOLE?
3. can the employees claim that this was an act of "illegal termination"?

hoping for your responses.

thanks much.

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5 Re: Redundancy program on Mon Jun 01, 2015 3:19 pm

council


Reclusion Perpetua
ace_legal wrote:Question/s
1. is there any legal move available for employees affected under the scenario #1 considering that there were no uniform criteria?
2. if yes, what documents need to produce to use as basis for filing an inquiry or a case in DOLE?
3. can the employees claim that this was an act of "illegal termination"?

hoping for your responses.

thanks much.

1. None. Management still has the prerogative on who to retain, and remove those who they deem would cost more for them or for who they might need more. But there is no 'rule' on who should (or should not) stay.
2. None
3. No.

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6 Re: Redundancy program on Thu Jun 25, 2015 1:33 am

Srt2015


Arresto Menor
Good Day Attys. Ask ko lng po yung sa case namin. We are from the recruiting department sa isang bpo. We were informed na nagcocost cutting ang company namin (because of a recent acquisition) and will restructure our organization. We were informed na dahil dun more than 20 people from hr and recruitment will be placed on a floating status for 6 months. We cant even apply for a job in another bpo or headhunters dahil conflict of interest. We are aware that companies can put an employee on a floating status for maximum of 6months but isnt it unfair for us because we cant join another bpo or headhunter? Why not just give us the redundancy pay and terminate the contract. 6months is too long, esp. If you have a family to support.

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7 Re: Redundancy program on Thu Jun 25, 2015 3:40 am

council


Reclusion Perpetua
Srt2015 wrote:Good Day Attys. Ask ko lng po yung sa case namin. We are from the recruiting department sa isang bpo. We were informed na nagcocost cutting ang company namin (because of a recent acquisition) and will restructure our organization. We were informed na dahil dun more than 20 people from hr and recruitment will be placed on a floating status for 6 months. We cant even apply for a job in another bpo or headhunters dahil conflict of interest. We are aware that companies can put an employee on a floating status for maximum of 6months but isnt it unfair for us because we cant join another bpo or headhunter? Why not just give us the redundancy pay and terminate the contract. 6months is too long, esp. If you have a family to support.

Did they tell you (or have it written in your contract) that you cannot apply in another company?

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8 Re: Redundancy program on Thu Jun 25, 2015 8:00 am

centro


Reclusion Perpetua
Srt2015 wrote:Good Day Attys. Ask ko lng po yung sa case namin. We are from the recruiting department sa isang bpo. We were informed na nagcocost cutting ang company namin (because of a recent acquisition) and will restructure our organization. We were informed na dahil dun more than 20 people from hr and recruitment will be placed on a floating status for 6 months. We cant even apply for a job in another bpo or headhunters dahil conflict of interest. We are aware that companies can put an employee on a floating status for maximum of 6months but isnt it unfair for us because we cant join another bpo or headhunter? Why not just give us the redundancy pay and terminate the contract. 6months is too long, esp. If you have a family to support.

On a floating status but still with pay?
Is your recruiting department part of the org of the BPO or are you a 3rd party?

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9 Re: Redundancy program on Thu Jun 25, 2015 3:28 pm

Srt2015


Arresto Menor
council wrote:
Srt2015 wrote:Good Day Attys. Ask ko lng po yung sa case namin. We are from the recruiting department sa isang bpo. We were informed na nagcocost cutting ang company namin (because of a recent acquisition) and will restructure our organization. We were informed na dahil dun more than 20 people from hr and recruitment will be placed on a floating status for 6 months. We cant even apply for a job in another bpo or headhunters dahil conflict of interest. We are aware that companies can put an employee on a floating status for maximum of 6months but isnt it unfair for us because we cant join another bpo or headhunter? Why not just give us the redundancy pay and terminate the contract. 6months is too long, esp. If you have a family to support.

Did they tell you (or have it written in your contract) that you cannot apply in another company?

We were just informed verbally that we can't join an employer as part of hr/ recruiting. and we can't also explore with other BPOs (because of the non compete clause). Doing so will forfeit our eligibility for the redundancy pay after 6mos. we can join other industries daw while waiting like hotel and restaurants, manufacturing, etc.

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10 Re: Redundancy program on Thu Jun 25, 2015 3:33 pm

Srt2015


Arresto Menor
centro wrote:
Srt2015 wrote:Good Day Attys. Ask ko lng po yung sa case namin. We are from the recruiting department sa isang bpo. We were informed na nagcocost cutting ang company namin (because of a recent acquisition) and will restructure our organization. We were informed na dahil dun more than 20 people from hr and recruitment will be placed on a floating status for 6 months. We cant even apply for a job in another bpo or headhunters dahil conflict of interest. We are aware that companies can put an employee on a floating status for maximum of 6months but isnt it unfair for us because we cant join another bpo or headhunter? Why not just give us the redundancy pay and terminate the contract. 6months is too long, esp. If you have a family to support.

On a floating status but still with pay?
Is your recruiting department  part of the org of the BPO or are you a 3rd party?

No pay po while on floating for 6 months. We are part of the organization of the BPO. All regular employees with minimum of 2yrs to 7yrs max ang tenure namin with the company. but instead of just letting us go and pay redundancy outright, we will be on floating for 6months before we get a redundancy pay

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11 Re: Redundancy program on Thu Jun 25, 2015 3:45 pm

council


Reclusion Perpetua
Srt2015 wrote:
We were just informed verbally that we can't join an employer as part of hr/ recruiting. and we can't also explore with other BPOs (because of the non compete clause). Doing so will forfeit our eligibility for the redundancy pay after 6mos. we can join other industries daw while waiting like hotel and restaurants, manufacturing, etc.

You can dispute that via DOLE, but that might not be advisable.

Is your float status documented (a written copy given to you)?

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12 Re: Redundancy program on Thu Jun 25, 2015 8:46 pm

centro


Reclusion Perpetua
Srt2015 wrote:
centro wrote:
Srt2015 wrote:Good Day Attys. Ask ko lng po yung sa case namin. We are from the recruiting department sa isang bpo. We were informed na nagcocost cutting ang company namin (because of a recent acquisition) and will restructure our organization. We were informed na dahil dun more than 20 people from hr and recruitment will be placed on a floating status for 6 months. We cant even apply for a job in another bpo or headhunters dahil conflict of interest. We are aware that companies can put an employee on a floating status for maximum of 6months but isnt it unfair for us because we cant join another bpo or headhunter? Why not just give us the redundancy pay and terminate the contract. 6months is too long, esp. If you have a family to support.

On a floating status but still with pay?
Is your recruiting department  part of the org of the BPO or are you a 3rd party?

No pay po while on floating for 6 months. We are part of the organization of the BPO. All regular employees with minimum of 2yrs to 7yrs max ang tenure namin with the company. but instead of just letting us go and pay redundancy outright, we will be on floating for 6months before we get a redundancy pay

Ang hirap na sitwasyon. HR pa naman kayo which is also the function executing this and thus the need to support the program also.
In case this can help to add to your options:
1. Continue to ask your authority what you are to do for the next 6 months in consideration of your need for an income.
2. Band together and tap a legal/ labor champion to support your cause which you can eventually file after the 6 month transition.
3. Start internalizing the acceptance of change process.
All the best to your group.

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13 Re: Redundancy program on Fri Jun 26, 2015 9:51 am

Srt2015


Arresto Menor
Will take note of your inputs, thanks Centro and Council.

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14 Re: Redundancy program on Mon Jul 06, 2015 5:25 pm

ace_legal


Arresto Menor
During the end of the 30 day notice say, June 30, considering also that all required signatories in the clearance have been made, can they still delay the release of the final pay? thank you.

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15 Re: Redundancy program on Wed Jul 08, 2015 11:24 pm

Rwar


Arresto Menor
Hello attys. Tanong ko lang po
1. kung ung probationary employee (less than 6 months) ay makakakuha pa rin ng seperation pay dahil sa redundancy.
2. If oo, gagamitin pa rin ba ung nakalagay sa labor code na one month pay or one month pay per year of service, whichever is higher.
O dahil probationary employee, may karapatan ang company na magset ng kahit anong amount.
3. Kung hindi magkasundo sa amount, ano ang next step? Magfa file na ba ng case sa NLRC? Gaano katagal ang proseso nito?
4. Required ba na magsign ng quit claim waiver? Paano kung ung final pay ay magkasamang backpay at seperation pay? Hindi ba pwedeng magrequest na ihawalay sila para maaring magsign ng waiver ng quit claim sa backpay tapos iwan na lang seperation pay for dispute.

Salamat in advance.

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16 Re: Redundancy program on Thu Jul 09, 2015 5:18 am

council


Reclusion Perpetua
Rwar wrote:Hello attys. Tanong ko lang po
1. kung ung probationary employee (less than 6 months) ay makakakuha pa rin ng seperation pay dahil sa redundancy.
2. If oo, gagamitin pa rin ba ung nakalagay sa labor code na one month pay or one month pay per year of service, whichever is higher.
O dahil probationary employee, may karapatan ang company na magset ng kahit anong amount.
3. Kung hindi magkasundo sa amount, ano ang next step? Magfa file na ba ng case sa NLRC? Gaano katagal ang proseso nito?
4. Required ba na magsign ng quit claim waiver? Paano kung ung final pay ay magkasamang backpay at seperation pay? Hindi ba pwedeng magrequest na ihawalay sila para maaring magsign ng waiver ng quit claim sa backpay tapos iwan na lang seperation pay for dispute.

Salamat in advance.

1. In theory pwede - pero madalas hindi. Instead of declaring a probationary "position" redundant, mas madali na lang i-terminate ang employment dahil hindi pumasa.

2.Assuming na pwede, tama ang computation na 1 month pay (or 1 month for every year).

3. Bakit naman hindi magkakasundo sa amount? Yun ang nasa batas. Hindi sulit magka-kaso.

4. Quitclaim - Yes. Hindi naman bawal magkasabay ibigay ang final pay at separation pay. Para isang bigayan na lang.

I-kwento mo pa kung ano ang dispute sa separation (redundancy) pay.

So far walang dispute na lulusot.

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17 Re: Redundancy program on Thu Jul 09, 2015 7:05 am

Rwar


Arresto Menor
Hi council,

Salamat sa pagsagot. Eto ung mga karagdagang detalye
1. Hindi ako terminated. Binigyan ako ng notice of separation 1 month before. Ngayon separated na ako sa company. Natapos ko na ang clearance. Kuhaan ng final pay nalang ang kulang.
2. Since na redundant ung position, sinabi ko sa hr na ang inaasahan kong sep pay ay 1 month pay dahil un ang mas mataas sa 2 option. Sabi nila hindi daw pwede, ang ginawa nilang basis ay ung one month pay for every year of service. Dahil wala akong isang taon, fraction ang ginawa sa year of service kaya mas mababa ang amount na kinalabasan.
3. Sa huling paguusap ko sa head ng hr, hindi daw obligado ang kumpanya na bigyan ako ng sep pay dahil probationary ako. Prerogative daw ng kumpanya kung magbibigay sila at kung magkano.
4. Hindi na ako sumahod ng isang buong cutoff. Sinama sa final pay ko ung isang buong payout. Sabi nung una, makukuha ko pa un. Tapos ung mga nalalabing araw, un ang malalagay sa final pay kasama ng 13th month, tax refund, etc. Kaso na-hold na ung sahod ko pinagsama na lahat.
Dahil hindi kami magkasundo sa sep pay amount, tinanong ko kung pwede bang iawas na muna nila ung sep pay para makuha ko ung iba. Pero hindi sila pumayag. Pag kinuha ko naman ung buong amount, kelangan ko na daw magsign ng quit claim.
Pwede ba ako magdemand na paghiwalayin nila ung final pay at sep pay? O di kaya kunin ang buo pero hindi magsign ng quit claim waiver? Sabi kasi ng hr pagkinuha ko na ung buong amount required na magsign ng waiver. Kung sakaling mag sign ako ng quit claim waiver, wala na ba akong habol talaga kapag nagfile pa ako ng kaso sa nlrc?

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18 Re: Redundancy program on Thu Jul 09, 2015 7:40 am

council


Reclusion Perpetua
Pirmahan mo yung quitclaim at lagyan mo ng "under protest" tapos dalhin mo ang lahat ng papeles mo sa NLRC.

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19 Re: Redundancy program on Thu Jul 09, 2015 7:56 am

Rwar


Arresto Menor
Salamat sa advice council.

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20 Re: Redundancy program on Thu Jul 09, 2015 8:29 am

ace_legal


Arresto Menor
if during redundancy program, after po ng 30 days notice at hindi pa rin nbbyaran ung final pay, ano ang move na pwde nmin? para kasing sinasadya idelay..june 30 ung final notice..til now wala pa ring payment ng final pay and ung other benefit entitlement nmin.

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21 Re: Redundancy program on Thu Jul 09, 2015 8:46 am

council


Reclusion Perpetua
ace_legal wrote:if during redundancy program, after po ng 30 days notice at hindi pa rin nbbyaran ung final pay, ano ang move na pwde nmin? para kasing sinasadya idelay..june 30 ung final notice..til now wala pa ring payment ng final pay and ung other benefit entitlement nmin.

Sinabi ba sa inyo na within 30 days babayaran agad kayo? O baka dapat magpa-clearance muna at saka pa lang magbibilang at mag-compute ng babayaran sa inyo?

Nakausap mo na ba ang mga taga opisina para humingi ng paliwanag?

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22 Re: Redundancy program on Thu Jul 09, 2015 8:50 am

ace_legal


Arresto Menor
un ang sinabi nila nung ngissue din ng notice..yes, tpos na din po clearances nmin..signed n ng director as last signatory. ang sabi lng base sa last follow up namin, wala pa daw pundo.

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23 Re: Redundancy program on Tue Jul 14, 2015 1:37 am

Airam03


Arresto Menor
Good day

I would like to get your insight on this concern.


A BPO company was acquired by another BPO company and the support department of the previous company was demolish. All employees will be transferred to different department of the company that acquired them and apparently an employee in Managerial position is redundant to the department he will be transferred to (There is already a manager in that department and no need for another manager). He will be demoted to a Staff position.

My concern is, this employee is getting managerial benefits such as Free HMO for 2 family members and tax shield.

• Does he have the right to keep this benefits (Free HMO dependents and Tax Shield) in line with the demolition of position?

• Is this employee entitled for separation pay should he decide not to accept the new role (demotion) given to him?


Your insight on this will be highly appreciated.

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24 Re: Redundancy program Today at 2:37 am

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