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Redundancy or Floating Status

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1 Redundancy or Floating Status on Tue Mar 28, 2017 7:01 am

MESSIAH07


Arresto Menor
Hi atty,

I just would like to seek legal advice regarding my employment status. I have been working in my company for 2 years already and got promoted from Job entry level to one step higher post which is as QA. I got promoted last April 2016. And last March 17 2017 the company served me a letter stating that I will be TEMPORARY DISPLACED due to excessive head count and low volume of work. I will be holding my position up until April 15, 2017. I would like to know what is my right as an employee. They are offering me a lower position but they said they are not forcing me to apply it should be voluntarily, although there will be no diminution of my salary but still there is still a chance that I will be on a floating status come april 16, 2017 if I wouldn't be able to make it my application. Would it be right that I should be paid for separation pay instead of sending me on a floating status. I believe that there reason why they placed me into temporary displacement is due to redundancy. your response is greatly appreciated.

Thanks and God Bless.

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2 Re: Redundancy or Floating Status on Tue Mar 28, 2017 8:29 am

lukekyle


Reclusion Perpetua
the employer can place you in floating status for up to 6 months. after that if you are still in floating status it will be considered constructive dismissal and you will be given separation pay

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3 Redundancy or Floating Status on Thu Mar 30, 2017 6:53 am

MESSIAH07


Arresto Menor
lukekyle wrote:the employer can place you in floating status for up to 6 months.  after that if you are still in floating status it will be considered constructive dismissal and you will be given separation pay

Thanks for your reply.

I just would like to know if I have the rights to demand to just give me a separation pay instead be on a floating status for 6 months? since the definition of the letter they gave me was a redundancy - (Low volume of work and excessive head count).

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4 Re: Redundancy or Floating Status on Thu Mar 30, 2017 7:27 am

council

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Reclusion Perpetua
MESSIAH07 wrote:
lukekyle wrote:the employer can place you in floating status for up to 6 months.  after that if you are still in floating status it will be considered constructive dismissal and you will be given separation pay

Thanks for your reply.

I just would like to know if I have the rights to demand to just give me a separation pay instead be on a floating status for 6 months? since the definition of the letter they gave me was a redundancy - (Low volume of work and excessive head count).

No.

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5 Re: Redundancy or Floating Status on Thu Apr 13, 2017 6:11 am

MESSIAH07


Arresto Menor
council wrote:
MESSIAH07 wrote:
lukekyle wrote:the employer can place you in floating status for up to 6 months.  after that if you are still in floating status it will be considered constructive dismissal and you will be given separation pay

Thanks for your reply.

I just would like to know if I have the rights to demand to just give me a separation pay instead be on a floating status for 6 months? since the definition of the letter they gave me was a redundancy - (Low volume of work and excessive head count).

No.

I asked an advice from DOLE and they said based on the explanation of the company through their letter that they served me - it defined as redundancy therefore, I can demand a separation pay instead being on a floating status. I just would like to know your side  why did you say NO. and what if i accepted to be a "voulantarily" applying for a different job within the org however, its lower post (job entry level) and got accepted can this be considered as demotion? although nothing would be changed to my current salary?



Last edited by MESSIAH07 on Thu Apr 13, 2017 6:25 am; edited 2 times in total (Reason for editing : additional scenario)

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