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Arresto Menor
We have 7 ROD or Moonlighters in one clinical department. They have been rendering service on they're preferred schedule and sometimes you see them on their duties and sometimes, they will return to duty after long months of hiatus. Now the Clinical Department started its Residency Training Program and has given these Doctors option to apply as Resident Trainees or they will be out of the company instead. Of course the doctors refused to transfer to residency program.. Instead they are requesting that they be paid separation pay. they said they are considered regular employees.
Is this true? Am I making sense to think that since the company is giving them option to transfer to a program where their skills are needed, the company is not entitled to pay them any separation pay? kase may paglilipatan naman sa kanila (if we are talking baout them being regular employees). If the doctors refused to transfer, can they force the company to pay them separation pay?

Hope you can shed light in this issue.

P.S. The doctors do not have employment contracts nor service contracts

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Reclusion Perpetua
Separation pay is given if there is a termination of employment due to authorized cause such as 1) installation of labor saving devices, 2) redundancy, 3) retrenchment to prevent losses, 4) closure and cessation of operations and 5) disease.

One way to look at it is this, in the absent of a proper contract, it is assumed that they are your employees:... Now that you have a Residency Training Program, does this mean that in the future that only Resident Doctors can render service in your clinic? if so, than there would come a time that your doctors will be redundated since they are not part of the resident doctors (that is if they refuse to take the program). Though you would only delay it but you are going to pay separation pay to them.

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if they file a complaint at NLRC, it will be the employer's burden to explain how they are not employees.

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