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Floating Status or Lay-off

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1 Floating Status or Lay-off on Thu May 25, 2017 3:19 pm

cathy15'


Arresto Menor
I just wanna seek an advise, Im a call center agent, sad to say the account will be closing soon.. Three (3) months or Two (2) months before the account close, the management starting to cut heads and they put those agents under retrenchment program. Starting from the day of the effective date of thier retrench they are given options not come to work anymore but still they will be paid off for 1 month as part of retrench program. So then, management still continued the retrench program, they cut heads in batches if im not mistaken we have 4 batches of agents for retrench, in fact weve been having Town Hall meeting, upper management gave a word that agents will have options if they want to stay on the company they will be reprofile or if agents dont want to work the company anymore they can go to retrench program.. It clearly stated there on that meeting that we have options.. But all of a sudden days left before the account will be close, they called us for a meeting they delivered the bad news that the company will no longer adding people/agents for retrench, we will be on a floating status for 6 months without pay. They will look for jobs for us with in 6 months or if not better resign. Its really unfair in our part because others on the retrench program got paid for no work. The question here, is the floating status or lay off will still be valid even if they continued hiring people same as we are, i mean same with our job description? Is there a chance if we will fight this one to Labor, will it be takes against them the words that they promised during the meeting? Thanks for all yours advises or answers. God Bless all..

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2 Re: Floating Status or Lay-off on Thu May 25, 2017 3:36 pm

Jadis

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Reclusion Perpetua
Inquire with the DOLE and ask if your company's retrenchment program was approved.

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3 Re: Floating Status or Lay-off on Thu May 25, 2017 3:40 pm

cathy15'


Arresto Menor
okay po, I'll raised that question.. Thanks. Let say If DOLE approves the retrenchment program are we still capable to be part of the retrench as well?

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4 Re: Floating Status or Lay-off on Thu May 25, 2017 4:19 pm

Jadis

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No, before the retrenchment program is carried out it has to be approved first.

It looks to me like the company's financial situation has changed and it cannot afford to carry out the retrenchment program it earlier promised to others at this point.

In fairness, you cannot tie them to a promise they cannot now fulfill, when you did not exercise the option to be retrenched when it was being offered.

The Labor Code allows companies to place employees on floating status provided that this does not exceed six months, provided that this is done in good faith. You can question this good faith status if they hire additional people (this means that the company is actually capable of paying salaries) without paying those on floating status or asking those on floating status to come back to work.

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