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continuation of length of stay

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1 continuation of length of stay on Wed Aug 03, 2016 3:53 pm

lornamaegc


Arresto Menor
Hi, I just wanted to ask if it's legally possible or if it can be discussed between me and the company to just continue my total length of stay instead of going through probationary again.

I left my previous company around June and transferred to Makati. After 30 days, my previous company is contacting me again asking me if I can still consider going back since it's hard to find a replacement. They gave me a good offer for the same position I vacated but would like to negotiate if they can just disregard my previous resignation and just continue my length of stay. I started last 2013.

If no, what's the disadvantage of resetting your length of stay back to zero?

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2 Re: continuation of length of stay on Thu Aug 04, 2016 6:04 am

HrDude


Reclusion Perpetua
lornamaegc wrote:Hi, I just wanted to ask if it's legally possible or if it can be discussed between me and the company to just continue my total length of stay instead of going through probationary again.

I left my previous company around June and transferred to Makati. After 30 days, my previous company is contacting me again asking me if I can still consider going back since it's hard to find a replacement. They gave me a good offer for the same position I vacated but would like to negotiate if they can just disregard my previous resignation and just continue my length of stay. I started last 2013.

If no, what's the disadvantage of resetting your length of stay back to zero?

That decision has no legal ground to stand on. You were separated from the company. As such, you tenure was cut. Yes, you can discuss it, but it's solely management decision to grant your request.

Disadvantages? Of course you are not entitled to some of the perks and privileges given to regular employees.

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3 Re: continuation of length of stay on Thu Aug 04, 2016 9:51 am

lornamaegc


Arresto Menor
Hi HRDude,

Thank you for your response.

Since I've been away from the company for about 1.5 months, Is it still possible if they can just declare it as an indefinite leave and disregard my previous resignation so I can still keep my years of service?

My previous company has been acquired by another company and changed ownership last year (September). I'm afraid that if they declare to change our company name and change our contracts, I will only be paid 1 month of service instead of 1 month X years of service.

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4 Re: continuation of length of stay on Thu Aug 04, 2016 12:10 pm

HrDude


Reclusion Perpetua
lornamaegc wrote:Hi HRDude,

Thank you for your response.

Since I've been away from the company for about 1.5 months, Is it still possible if they can just declare it as an indefinite leave and disregard my previous resignation so I can still keep my years of service?

My previous company has been acquired by another company and changed ownership last year (September). I'm afraid that if they declare to change our company name and change our contracts, I will only be paid 1 month of service instead of 1 month X years of service.

Again, that is left to the sole discretion of the management. NO ONE here can answer that for you as such is WITHOUT legal ground/s.

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5 Re: continuation of length of stay on Thu Aug 04, 2016 12:18 pm

lornamaegc


Arresto Menor
Hi HRDude,

Yes, I understand that there's no legal grounds. I would just like to know if anyone here have experienced the same situation. Thanks for your response though.

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6 Re: continuation of length of stay on Thu Aug 04, 2016 5:39 pm

attyLLL


moderator
this is not a legal issue, but seems you have good leverage. demand it as a precondition to your going back to the company.


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