Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Constructive dismissal inquiry

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Constructive dismissal inquiry on Thu Nov 03, 2016 1:14 pm

xyrhou


Arresto Menor


Our account/project was on the process of being discontinued so we are being laid off. This is a BPO company who caters IT Services for US/UK based companies.

No papers indicating our floating status was signed.

The HR Team just inform us to go to work stay on a room for 9hrs ( 2 -15mins break, 1 hr lunch).
No work, training or any activities given. No computer nor phones - it was just a meeting room.

No new project was given. No updates or meeting. They just wants us to keep on going to work sign the attendance sheet then stay on the room. A recruitment manager even told us that if we will be scheduled for an interview for a different project and failed 3 times then we will be terminated.

What they are doing is degrading, demoralizing and we feel like that they just want us to resign. One HR even told us that we can just stare at each other because we have nothing to do. Due to the environment and treatment some of the guys will just login then go home. By doing that the company will have grounds for termination or suspension. We also realized that this company is treating us this way so that we will be forced to do illegal actions that they can use to terminate us or to demoralized their employees and have them voluntarily resigned.

When i requested a copy of my contract which is being kept on my employee folder the HR told me that they are not required to give me another copy if i lost mine. It was documented via email because we have an argument about it. I ask him to document what he said thus resulting to the email. At first the Indian HR told me that i can request for it via email then after an hour he changed his mind.

To give the company a chance to have a clear cut decision if we will be on unpaid floating or redundanted, i stayed on this status for a Month but still no changes or actions are being made. Due to the treatment, environment and stress i resigned. Tenure: 1yr 6months

I consulted 2 lawyers about this.

Lawyer number1 said i have a case and we can file for constructive dismissal and also about the work condition/ environment not being met.

Lawyer number2 said i dont have a case because i already resigned and he thinks it's ok for an employer to treat their employees like this if we are getting paid.

Please advise.

Thank you.

View user profile

2 Re: Constructive dismissal inquiry on Thu Nov 03, 2016 2:27 pm

lukekyle


Reclusion Perpetua
In my opinion rather than putting you on floating status where you will not be paid which they had every right to do, they asked you to report to the office, paid you and didn't ask you to do anything since there wasn't any work to be done. I don't get how this can be construed as constructive dismissal. Unless this was specifically done to only you and no other employee, i dont think you have grounds.

When given an option to be treated this way or be placed in floating status, 99 out of 100 people would choose the scenario you just mentioned. I don't get why you are complaining

View user profile

3 Re: Constructive dismissal inquiry on Thu Nov 03, 2016 7:51 pm

xyrhou


Arresto Menor
lukekyle wrote:In my opinion rather than putting you on floating status where you will not be paid which they had every right to do, they asked you to report to the office, paid you and didn't ask you to do anything since there wasn't any work to be done.  I don't get how this can be construed as constructive dismissal.  Unless this was specifically done to only you and no other employee, i dont think you have grounds.  

When given an option to be treated this way or be placed in floating status, 99 out of 100 people would choose the scenario you just mentioned.  I don't get why you are complaining

They can only put us on a floating status without pay if the company is losing money. An auditor should also come to check the finances of the company before they can do the floating without payment. The client paid 76k$ the company as a penalty there are only 40 people in the account.

I am complaining because of how they treated us. I am indeed not someone who will go to office and stay in a room just to get paid.

Anyway thanks for the advise.

View user profile

4 Re: Constructive dismissal inquiry on Thu Nov 03, 2016 8:26 pm

council

avatar
Reclusion Perpetua
Floating status is generally unpaid because no work is being done. No work, no pay. Not just because of loss of income.

View user profile http://www.councilviews.com

5 Re: Constructive dismissal inquiry on Fri Nov 04, 2016 6:38 am

HrDude


Reclusion Perpetua
"They can only put us on a floating status without pay if the company is losing money. An auditor should also come to check the finances of the company before they can do the floating without payment. The client paid 76k$ the company as a penalty there are only 40 people in the account."

Is this your opinion or what you know? Anyways, this is NOT the only reason people are put on 'reserve' (floating) status. And an audit is NOT a prerequisite when employees are put on this 'reserve' status.

Do you mean, an auditor should conduct an audit and tell you of his/her result? Are you serious? Finances are confidential in nature. Management NEED NOT tell employees that it is losing money.

I am complaining because of how they treated us. I am indeed not someone who will go to office and stay in a room just to get paid."

This is an example of the common misconception of employees. If a single condition is unfavorable to employees, they will AUTOMATICALLY think that the same is Constructive Dismissal. If you cannot handle your situation, you can always resign.

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum