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constructive dismissal

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1 constructive dismissal on Sun Mar 19, 2017 10:39 am

godwhispers


Arresto Menor
Good day po !
i need help in submitting a position paper in NLRC.
From BPO industry.our acct was pulled out and was askd to sign a cessation memo last mar.2016 that says the y will look for another acct til June 2016. They asked me to sign tranfer memo last oct.2016 whn i get back from maternity leave.
Now i need assistance for the position paper i honestly do not have funds to continue this.

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2 Re: constructive dismissal on Sun Mar 19, 2017 2:59 pm

council

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Reclusion Perpetua
why did you file a case against the company?

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3 Re: constructive dismissal on Sun Mar 19, 2017 3:03 pm

godwhispers


Arresto Menor
after signing the transfer memo which they said they have me line up for new post in 15days but never happened. Then they want to line me up again for series of intrviews in diff. acct beyond the 15days memo that i signed up, i declined

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4 Re: constructive dismissal on Sun Mar 19, 2017 3:07 pm

godwhispers


Arresto Menor
i asked for my employment status after the 15days memo i signed but they are unable to tell me.
Still no work since March 2016 and even after maternity leave.

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5 Re: constructive dismissal on Mon Mar 20, 2017 9:48 am

HrDude


Reclusion Perpetua
I believe the problem is with you.

You were being lined up for interviews you said, this just means that you are being endorsed to an account... and yet you declined. And now, you are saying that you don't have any work yet.

First of all, you have no right to decline. If you decline, a Show-Cause Memo can be issued against you for 'insubordination'. You were endorsed to a new account because the old one ceased. This scenario is not even a Constructive Dismissal case as stated in the title.

This is the correct process in the BPO scene. If an account closes, the agent cannot decline a new account if he/she is endorsed to it. If an agent can't be endorsed to any account within 6 months, he/she shall be redundated and the corresponding separation pays will be given.

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6 Re: constructive dismissal on Mon Mar 20, 2017 10:09 am

godwhispers


Arresto Menor
i only declined because the memo they asked to sign already laps.

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7 Re: constructive dismissal on Mon Mar 20, 2017 10:12 am

godwhispers


Arresto Menor
i only declined because the memo they asked me to sign already laps,but i attended all the schedule interviews they lined up for me within the cessation and transfer memo.

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8 Re: constructive dismissal on Mon Mar 20, 2017 10:19 am

godwhispers


Arresto Menor
the cessation memo was only until june 21.what the company did was put me in recruitment dept. temporarily until i filed my maternity leave.and when i get back october a transfer memo they asked me to sign was only until nov.7..and still they want me to attend intrviews without clarifying my employment status.

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9 Re: constructive dismissal on Tue Mar 21, 2017 5:50 am

HrDude


Reclusion Perpetua
godwhispers wrote:the cessation memo was only until june 21.what the company did was put me in recruitment dept. temporarily until i filed my maternity leave.and when i get back october a transfer memo they asked me to sign was only until nov.7..and still they want me to attend intrviews without clarifying my employment status.

Your status is very clear. You are on a 'reserve' status. You were in lined up for interviews but you declined.

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10 Re: constructive dismissal on Tue Mar 21, 2017 8:31 am

godwhispers


Arresto Menor
reserve status?..what is the sense of signing up a memo if they will continue to line up an employee for another interviews after the agreed date/days?
my employer never mention or inform me about being in a reserve status.

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11 Re: constructive dismissal on Tue Mar 21, 2017 9:06 am

HrDude


Reclusion Perpetua
1. Your previous account was pulled out.
2. You currently have no account.
3. You are being scheduled for interviews.

Your employment is still the same. Your very person is only on a 'reserved status'. You are still part of the company but have no account. "Reserved' until they find an account.

What is the sense? Ask your Management. Of course they have the duty to find an account that suits you and/or your qualifications. You may either lack qualification/s a particular account but qualifies on another. They cannot just put you in an account just to for the heck of it.

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12 Re: constructive dismissal on Tue Mar 21, 2017 9:30 am

council

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Reclusion Perpetua
the only thing that's odd is that you're practically on floating status for 1 year already, and that isn't allowed. You should've been given separation pay already.

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13 Re: constructive dismissal on Tue Mar 21, 2017 10:49 am

godwhispers


Arresto Menor
thank you for looking in to my issue HrDude.
I did ask my management prior to filing a complaint in DOLE and raising it to NLRC. And to my surprise they told me that they have a post for me when we had our SENA sessions and their offer is i can now return to work which i dont accept anymore.
And now i need to submit a position paper for this case nlrc.
1st hearing- company no show
2nd hearing-company lawyer showed up with same offer

Let me know if you recommend a lawyer from PAO that could assist since im not capable of hiring a private lawyer.

thanks in advance.

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