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Transfer of employement

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1 Transfer of employement on Sun Sep 24, 2017 5:57 pm

kris..pena


Arresto Menor
Hi, i am seeking for legal advice for our current situation. Our company is under of what you called"Umbrella company"..which we are hired under the name of company lets say *company A, and our real employer is *company B. Now the problem is this..Our company decided to establish its own company to separate with company A. Now we have not heard any formality regarding this transfer just after the rumors in the company had spread that some of the employee that they have talked, informed us that we'll have this kind of scenerio. That most of the employees will be re-hire but under probationary. Then me and other regular employee reacted that this is unacceptable, and this reaches upto the higher management then our ceo said that it shouldn't be that way and he ordered that all regular employee will retain their position and our tenure will not be change. But I think our admin manager and other head officers did not follow what was promised to us by our boss. They asked us to resign to company A if we want to continue our service to them they said that our history in the company will be continue but some how it is not written in the new contract, so they answered us that it will only be an internal agreement and it is not stated that if we transfer to the new company we're still a regular employee, and it is also not stated that we're gonna be under probation again. But our worries are what if they want to terminate us in the new company we cannot appeal that they cannot terminate us because we are regular employees, unless with valid cause. Since it is not stated in the new contract. That is why we doubt to sign it. What if we don't want to sign the contract for the new company. We don't need to resign right? and are we entittle to get sepation pay? because they said they won't give us any separation in case that we don't want to resign and not to sign the new contract. Please help me to know what are better things to do we only have until Sept.25 to decide, to think that they just inform us last Sept.21. Which we think that they also violated the due process and because we're not given enough time to decide. I also want to know what are the grounds of our employer because we feel like where demoted and we lost the seniority of our tenure. can we raise our complain to labor? Please I need some advice what to do. Best regards! wrote: wrote:
@mikos23
Thanks for your response, I still have follow up question regarding the new contract for the new company. Sorry it is not actually an employment contract but a job offer, is this considered as a employment agreement?

In Job offer, stated that" Should you accept this, job offer, per company policy you'll be eligible to receive the ff. beginning on your hire date
*Gross salary/allowance w/ is same as the previous
*Benefits, like health, dental,life & disability insurance.
Sick leave (According to law pro rata period of employment)
*Vacation and personal days(According to pro rata period of employment

To accept this job offer:
1. Sign and date this job offer letter where indicated below.
2.Sign and date the enclosed non-compete agreement where indicated.
3.Sign and date the enclosed confidentiality agreement where indicated.
4. Sign and date the enclosed at-will employment confirmation where indicated.
ETC...other is about company details so I cannot disclose here.
It is not actually clear and not stated anything about the security of our tenure.
Like we're hired from this date of the present and will be transfer to [new company] on this date.

So, we are worried that they could deny our tenure in the future.

Ps. they also don't want to secure us an employment contract, does our employer have grounds for not giving us an employment contract?

Thank you!
I hope to get response from you again!

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