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illegal dismissal

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1 illegal dismissal on Wed Dec 22, 2010 4:02 pm


Arresto Menor
hi. I just want to know what's the difference between floating status and illegal dismissal.
what does an employee lose once put on a floating status?
what does a dismissed employee lose once dismissed?
I know some of the differences here. i just want to know from a legal point of view.

another thing,what if an employee who was put on a resigned status for 5months without him knowing it resigned only after 4yrs and wasn't able to get a black and white copy/proof that he was put on that said status in between those 4 yrs, suddenly file a complaint in dole? what's the chances of him getting paid for the 5mos?

(resigned status happened for 5mos w/o him knowing it.he just knew bout it after a month of being "reinstated" to work that was when he went back ,on his initiative, to the office to follow up on his status.before resigning he wasnt able to get a black and white proof of the said resigned status however he has other proofs as 2 atm accnts, 2 healthcards and a new employee number.will these be enough for him to be paid by the company though he doesnt have the black and white?or winning depends on how good his lawyer is?)

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2 Re: illegal dismissal on Wed Dec 22, 2010 10:45 pm


putting an employee on floating status for more than 6 months is considered illegal constructive dismissal.

i don't understand this 'resigned status'. the basic rule is no work, no pay; unless he was prevented from coming to work by the employer by being dismissed illegally. perhaps what you mean is floating status.

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