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Permenent to contractual position seperation pay?

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NadNad143


Arresto Menor
Hello,

tanong ko lang kung entitled ba ako for seperation pay.

Started working sa BPO company, walang pang 1 month, my client backed out (issues internally sa client). My employer gave me 1 month for them to look a new client for me. They finally found one and offered me the job but it's for a contractual position NA. They said with that position, I don't have any employer-employee relationship na with them.

question:

1. If I accept the contractual position will I still have separation pay?
2. If i don't accept the contractual position will I still have the separation pay?

Regards,
Nad

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council


Reclusion Perpetua
1. No
2. No

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NadNad143


Arresto Menor
Hi Council,

Can you explain? the contractual position will be a new/separate contract from the current full time position.

is it okay to force an employee from full time position to move to a contractual position?

Thank you

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lukekyle


Reclusion Perpetua
If you worked at least more than 6 months and was regularized, you will be entitled to one months salary if you are terminated, unfortunately yung pag compute is less than 6 months = 0

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NadNad143


Arresto Menor
@lukekyle

Is that written on the labor code? Please provide the book and article # for my reference.

As far as I know, an employee (full time employee or probationary employee) is entitled to separation pay.

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lukekyle


Reclusion Perpetua
yes, pls look for it nalang. Nandun sya sa on how to compute separation pay.

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council


Reclusion Perpetua
NadNad143 wrote:@lukekyle

Is that written on the labor code? Please provide the book and article # for my reference.

As far as I know, an employee (full time employee  or probationary employee) is entitled to separation pay.

ART. 283.

...

In case of termination due to the installation of labor-saving devices or redundancy, the worker affected thereby shall be entitled to a separation pay equivalent to at least his one (1) month pay or to at least one (1) month pay for every year of service, whichever is higher.

In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher.

A fraction of at least six (6) months shall be considered one (1) whole year.

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council


Reclusion Perpetua
NadNad143 wrote:
is it okay to force an employee from full time position to move to a contractual position?

While generally it is not right to move a person from a probationary to a contractual position, there are situations such as these that may be allowed.

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NadNad143


Arresto Menor
@council

sorry mejo d ko masyado maintindhan ung cnbi ng art. 283, so meron nga 1 month separation pay, regular or probationary employee?

In my situation, allowed b ung move from permanent to contractual?

moving me to contractor means hndi na ako considered as employee ng company, i think pumapasok na dun ung separation pay since i was technically separated na sa company.

i'm sorry if i'm forcing na meron. hehehe ^_^
I just want a concrete explanation and reference para alam ko rin where I stand.

Thank you!

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council


Reclusion Perpetua
Hiningi mo yung Article sa LC so binigay ko.

Wala ka pang 1 month sa trabaho.

Wala kang makukuhang separation pay.

Pwera na lang kung merong nakasulat sa kontrata mo na meron kang matatanggap.



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NadNad143


Arresto Menor
ok ty po

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