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Legal Advise on pre-termination notice

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1 Legal Advise on pre-termination notice on Sat Jan 14, 2017 10:07 am

Ladywander


Arresto Menor
Hello there. I would like to solicit some guidance please in reference to the pre-termination notice I've just received today from our company specific to my job termination with effect of March 31, 2017.

I'm currently working under a Shared Services /BPO company whereby my position will be abolished, as stated in the 1st letter notice I've received, as a result of the reorganization in our department. I find the word "abolished" a bit harsh though considering that my role will not be technically removed but will only blended with the new role they've created which will also impact other 2 jobs. To validate this, I have maintained a copy of the communication pack cascaded in Q4 2016 to everyone for this upcoming changes. Quick question here though which maybe sound stupid, can I demand to change the wordings in this letter to reflect the right terminologies as previously communicated? or does it pertains the same thing?

Meanwhile, the real item that concerns me is on the last note indicated in the letter wherein it was stated that once I've signed and return the letter to them, I do recognized that the information noted on the letter reflect a full and final discharge of all rights and obligations between me and the Company should be released from employment on Mar 31, 2017 without any specifics of what I will get afterwards as a result of the said "role abolishment" such as redundancy or separation pay and the likes.

To exactly quote what was mentioned in the letter, you may refer to as follows:

"... should a suitable position not be available for you, the Company will be constrained to terminate your employment for authorized cause with effect on the close of business on March 31, 2017. Rest assured that we will exert all help you may need during this time.

In the event that your employment cease, you are entitled to extend your Group Hospitalization Plan (GHP) coverage based on guidelines. Kindly contact our healthcare provider for appropriate next steps. Failure to confirm continuation prior to your last day on payroll will mean an automatic cancellation of your coverage upon closed of business on March 31, 2017."

Again, I am quite particular in terminologies and content, does it mean then that if I sign said notice, the only benefit I will be getting is specific to my GHP coverage only and nothing else? Legally, do i have rights to get more than that? If so, can i demand to specify on the letter?

Thanks in advance for your support and feedback on this!

LadyWander

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2 Re: Legal Advise on pre-termination notice on Sat Jan 14, 2017 10:14 am

council

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Reclusion Perpetua
Termination for authorized causes imply (as per LC) a payment of up to 1 month salary for every year of service.

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Ladywander


Arresto Menor
council wrote:Termination for authorized causes (as per LC) a payment of up to 1 month salary for every year of service.

Thanks for the prompt response.

With that details of payment (i.e. 1 month salary or even less) not explicitly implied in the letter, the Company will still have the legal rights to decide on my last pay release?

Additional question though, considering I will no longer be employed to the Company by end of Mar 2017,
(1) Am I still entitled to get my last pay for March in addition to the payment stated on termination for authorized cause?
(2) How about pro-rated 13th month pay? or tax refunds (if it applies)?

Thank you again!


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4 Re: Legal Advise on pre-termination notice on Sat Jan 14, 2017 2:01 pm

lukekyle


Reclusion Perpetua
Again, I am quite particular in terminologies and content, does it mean then that if I sign said notice, the only benefit I will be getting is specific to my GHP coverage only and nothing else? - NO, signing only means you have received and read their notice.

Legally, do i have rights to get more than that? If so, can i demand to specify on the letter?
If you will be terminated as council mentioned you are entitled to separation pay. No you cannot demand that they put that in the letter. The letter is a notice, formally informing you of the situation. It is NOT a contract that requires you to agree and fulfill certain conditions.

Your employer sent it so they can comply with the one month notice should they decide to terminate you for redundancy.

With that details of payment (i.e. 1 month salary or even less) not explicitly implied in the letter, the Company will still have the legal rights to decide on my last pay release?
- should they decide to terminate you bec of redundancy, you will be entitled to sp whether it is indicated in the letter or not.

(1) Am I still entitled to get my last pay for March in addition to the payment stated on termination for authorized cause? - yes
(2) How about pro-rated 13th month pay? or tax refunds (if it applies)? - yes also

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