Termination of Contract
1 Termination of Contract on Mon Feb 01, 2016 11:44 am
2 Re: Termination of Contract on Mon Feb 01, 2016 12:15 pm
When termination is due to authorized causes:
(1) installation of labor-saving devices;
(3) retrenchment; or
(4) closing or cessation of business operations; and
In accordance with jurisprudence, the following separation pay may be cited:
(1) Separation pay in lieu of reinstatement; and
(2) Separation pay as financial assistance in cases where the dismissal was held valid and legal but the employee is given financial assistance by reason of long years of service, unblemished record, substantial justice, etc.
If your friend can prove that her firing is due to retrenchment, in which she was terminated because the company wanted to minimize losses since they wanted to hire somebody else with lower pay in the same position, then she should be entitled to separation pay.
Secondly, the second ground as mentioned in jurisprudence can be used as well for basis of separation pay, but that will entail litigation in order to acquire said ground and that also works in the presumption that the labor arbiters and courts will side with her and grant such separation pay under said ground.
You may tell your friend to go to the nearest Regional DOLE and seek legal advice on her rights regarding separation pay. Furthermore, she should also clarify with her employer's HR regarding the grounds used to terminate her and put such in writing. A copy of her employment contract, if existing, should also be secured for evidence.
Good luck, and may fortune favor your friend's current legal dilemma.
Permissions in this forum:
You cannot reply to topics in this forum