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Redundancy then Off Detail

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1 Redundancy then Off Detail on Mon Apr 11, 2011 10:45 pm

geraldroyo


Arresto Menor
Facts:

1.Employer served a written notice to the regular employees declaring the position redundant;

2.No notice was served to DOLE about the redundancy;

3.After 30 days, since the the employer was not able to transfer the employees to a different account they served a written notice declaring them Off detail or Floating;

4.The previous account did not terminate their contract with the employer;

Is this Valid? or a clear indication of Mixing Art 283 and Art 286 to avoid payment of separation pay after the 30 days period as required under Art 283?

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2 Re: Redundancy then Off Detail on Tue Apr 12, 2011 12:16 am

attyLLL


moderator
in my opinion, if there is really no position available after a good faith search, then it is valid to suspend the employment relationship as long as it does not exceed 6 months.


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3 Re: Redundancy then Off Detail on Fri Apr 15, 2011 3:49 pm

geraldroyo


Arresto Menor
Thank you for the opinion... Joining job fairs and classified ads publication indicates "no position available"? Moreover, the company conducted a series of internal interviews for other accounts or departments for the employees. The only problem was the other accounts will not accept the employees because during the interview, the employees were demanding that there should not be any diminution of pay, benefits or privileges. Therefore, the interviewer, as a result of the demand, did not accept the employees that were suppose to be transferred.

Demanding for the continuity of the pay, benefits or privileges, upon transfer is a legal right of a regular employee undertaking a transfer. If the employee will suffer financially upon transfer it is a given right to refuse such.

In my opinion Atty, it is just a simple way of avoiding the payment of the separation pay under Article 283 under the Labor code.

Moreover, it was just too bad that it happen that one of the regular employees involved is also a student of law.

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4 Re: Redundancy then Off Detail on Sat Apr 16, 2011 8:23 am

attyLLL


moderator
As i said, there has to be a good faith effort to find them an account. if there was none, or worse, refusal because the employees would not accept a diminution of pay, then there was no valid suspension of operation.

you may challenge their decision by filing a complaint at the nlrc.


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