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Redundancy - due process

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1 Redundancy - due process on Mon May 16, 2016 4:17 pm

Querying Worker


Arresto Menor
Our company will be downsizing. But they opt to call it "rightsizing" They will reduce us from 24 to 14. Our post will be dissolved. Say for example, in Mindanao, we are 3. Only one will be left. However this does not mean that we are automatically qualified to be redundant and be paid with the redundancy pay. HR said, the 3 posts will be integrated into 1, that is what they call - enhanced post. We are in various places in Mindanao, but the enhanced post will be based in Davao. We are all required to apply to the enhanced post. If we don't qualify, then we become redundant. If we qualify, then we are not entitled to the redundancy including the pay. If the employee who qualifies for the enhanced post decides to leave for reasons such as - the foresight that he will be overloaded or the workbase is far from the family, that employee will be considered as resigned, hence no pay. The rule of the thumb according to HR is-employees are not entitled to opt for redundancy, but the org will determine it for the employee to avail or not.

My question is - are these legal?
1. To require all staff to apply for the enhanced post and does not entitle them automatically to opt for redundancy?
2. To "punish" the qualified staff with "resignation"? No redundancy pay because the staff is not redundant as he/she is qualified to the enhanced post.
3. To say that even if the org is reducing the number of staff, or literally retrenching, that it is not redundancy, it is just "rightsizing" not even "downsizing" but rightsizing.

What are the legal basis for the employers' actions? Hoping to receive your advise. Thank you.

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2 Re: Redundancy - due process on Mon May 16, 2016 6:37 pm

council


Reclusion Perpetua
Querying Worker wrote:

My question is - are these legal?
1. To require all staff to apply for the enhanced post and does not entitle them automatically to opt for redundancy?
2. To "punish" the qualified staff with "resignation"? No redundancy pay because the staff is not redundant as he/she is qualified to the enhanced post.
3. To say that even if the org is reducing the number of staff, or literally retrenching, that it is not redundancy, it is just "rightsizing" not even "downsizing" but rightsizing.

What are the legal basis for the employers' actions? Hoping to receive your advise. Thank you.

1. Of course the company wants to keep the most qualified, and so to be fair to everyone, they ask all of you to apply for the position.

2. If qualified - therefore continued employment - there really is no redundancy or separation pay.

3. "Rightsizing" is the modern term used but whatever it is called, it is not retrenchment if there are no losses - it's just a matter of changing the company strategy or direction and therefore those who do are not chosen will be given a redundancy package (or separation pay).

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3 Re: Redundancy - due process on Tue May 17, 2016 9:01 am

lukekyle


Reclusion Perpetua
just to explain further, redundancy is only applicable if tinanggal ka sa iyong trabaho, this is different from mga optional retirement/resignation in that the employee does not have a choice.

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4 Re: Redundancy - due process Today at 2:34 am

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