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Retrenchment Without Salary, No 13th Month, No Separation Pay

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Arresto Menor
The directors announced cessation of the business 3weeks before the actual cessation. When the date arrived, Aug.30, no monthly pay was released, no 13th month and no separation pay. The directors/owners are located in the UK (MIS - CNetwork) and the company operated in the Philippines since 2014 via a Filipino Operations Manager. For your reference, in June, the said Operations Manager was issued a memo for mismanagement of funds amounting to 9M and he was suspended without pay for 30 days for the investigation. Unfortunately, no decision memo was issued to him if he is to be terminated or not so he was reinstated. We had our SENA hearing two weeks ago and the Operations Manager's claim was that he has no accountability for the cessation and for whatever payments that are due to all staff as, like us, he is also an employee who also lost a job and did not receive statutory benefits. Good thing our case was escalated to NLRC because the case filed by the other team from our company was dismissed/withdrawn. We will have our NLRC hearing tomorrow and I will appreciate your help. We need to have a solid response to his claim. Thank you in advance.

Note: This operations manager also served as the signatory for all transactions for the company but the SEC documents do not have his name as one of the co-owners. I believe that in order for a foreign company to operate here, they would have to have a Filipino counterpart right? In this case it did not happen and the company was registered as a branch.

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Reclusion Perpetua
what is your question?

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