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SOS: Retrenchment

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1 SOS: Retrenchment on Tue Dec 14, 2010 11:15 am


Arresto Menor
Hello there,

I have been lurking this website for quite sometime now and let me just say that I appreciate what you guys are doing. Kudos.

Anyway, I am in need of your assistance. The HR manager of the Ortigas-based company that I am currently working for (We offer online ESL classes for Koreans) informed me about a week ago that the company is planning to downsize. She has been telling me and some other employees that we should all resign and not wait for the termination to occur. Knowing my rights (sort of) I told her that I will not resign and wait for the memo (stating my termination) so as I could claim my separation pay. However, she mentioned that I am not entitled to it because my employment is "project-based". I quickly checked my contract and lo and behold there was no mention of my employment as being "project based" or "contractual" infact, it is clearly stated that I am a regular employee (entitled to all benefits). To that end I have a couple of questions,

1. Since there is no official/written statement (or memo) from any of the supervisors nor the owner of the company, What would be the best thing to do? (FYI: She told me that my last day will be on January 30 2011.).

2. And when the worst comes and they do decide to terminate us and refuse to give us our separation pay what will be a good move?

3. Is there such a thing as a project-based-regular employee?

4. If they decide to remove all my students from my load and fire me because I no longer have any work to do, will it be a legal basis for my termination (w/o separation pay)

I'm sorry if this post is quite long.

Thank you very much and (cliche as it may seem) More power to you guys.

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2 Re: SOS: Retrenchment on Wed Dec 15, 2010 1:06 pm


if there is no written qualification at the time of hiring, then you are now a regular employee.

for a proper termination as a project employee, there has to be first a project in the first place which is distinct from the rest of the activities of the company.

i believe you should be entitled to be notified in writing 30 days before the effectivity of the termination and given separation pay. moreover, your position should not be replaced.

if you are not given notice and separation,the termination is illegal.

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