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Suspended or Floating Not Sure of my Status

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1 Suspended or Floating Not Sure of my Status on Fri Mar 24, 2017 6:49 am

rmelreyes


Arresto Menor
Hi Atty,

Thank you very much for having this avenue to seek advise and clarity about our legal uncertainties.

I work in an Indian BPO company as part of the management team. During my active employment my client and I have been in good terms and I received awards and recognized well, until recently there has been changes in the organization to which, there are decisions I have made which are not in their favor so they requested me to be transferred to a different account.

My company, has considered that so they issued me an NTE subject for Just Cause a. Willful disobedience, b. Serious Misconduct and undergo an admin hearing.

The hearing has been concluded more than a month a go and I have not received any decisions and I have proof and witnesses that my role has been occupied by other individuals in the organization.

Although they are keeping me in their payroll so I am not sure of my status in the company.

I also check of their job requisitions, they have requirements as well but they do not want to transfer me in other account.

I need your advise kung anu kaya ang habol ko sa company namin?

Again, thank you in advance.

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lukekyle


Reclusion Perpetua
are you being paid? are you still required to go to the office? better inquire with HR

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rmelreyes


Arresto Menor
Hi Lukekyle,

Yes I am still being paid, however I am not required to go to the office.

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council

avatar
Reclusion Perpetua
Ask for a written update regarding your case.

No matter whether suspended or on floating status, there should be documentation.

Otherwise it may be bordering on constructive dismissal already.

As long as you are receiving your salary, do not spend all. You might need it if eventually you find that you are out of a job.

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rmelreyes


Arresto Menor
Hi,

Just wanted to provide an update on my case. Recently, I resumed working again however, the Notice of Decision has not yet been served,  the HR verbally told me. Now that catch is this, I am now reporting to a different Manager with the same level but more tenured, the problem is that, they have not given me my previous role, they assigned me as documentation analyst.

I told the HR that is a demotion and I cannot accept it.

In this scenario, is this grounds for NLRC? Please advise, thanks.

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lukekyle


Reclusion Perpetua
yes if it truly is a demotion you can file a complaint with the nlrc. demotion also needs to go through the process since you mentioned that you have been given no documentation regarding the outcome of the hearings, your employer has failed to inform you of the decision before the demotion.
take note though since you are the one complaining about demotion you have to substantiate that the new position is inferior in terms of
1. significance of the work
2. duties and responsibilities
3. rank and salary

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