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separation pay

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1 separation pay on Tue May 10, 2011 5:11 pm

godhunter08


Arresto Menor
Good day to all!
I am an employee of a recruitment company who specializes in providing manpower services (outsourcing) to other companies. For 2 years, I worked for one of their client companies who subsequently decided that I be employed on a regular basis (by the same client company). Question is, am I entitled to receive my separation pay from the recruitment company? The labor code does not specify absorption a just cause for the employee benefit.
Many thanks!

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2 Re: separation pay on Tue May 10, 2011 9:49 pm

you need to tender your resignation to the employment company so you can get your benefit if their policy say so. normally, as a regular employee of the employment agency, you can get whatever benefits they have.

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3 Re: separation pay on Wed May 11, 2011 12:34 am

attyLLL


moderator
how were you transferred to the client company? did they absorb your years of service with the former employer?


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4 Re: separation pay on Wed May 11, 2011 10:06 am

godhunter08


Arresto Menor
The service agreement of the recruitment company (company A) with the client company (company B) expired last March 31. Company B advised Company A that they will no longer renew the service contract. Instead, they will employ me as their regular employee effective April 1. No resignation paper was tendered.

The years of my service with the former employer was not taken into account by the company B. The only benefits that was given to me were my 13th month pay which is pro-rated, leave credits, and tax rebates.

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5 Re: separation pay on Wed May 11, 2011 10:43 am

attyLLL


moderator
there was a termination of employment, and I believe you were entitled to separation pay, but more so because they did not make the process very clear. I assume they talked to you to determine if you were ok with it, and I'm sure you were eager to do so. Their mistake was not to ask for your resignation, but will it be fair to assume that you would have given it?


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6 Re: separation pay on Wed May 11, 2011 11:06 am

godhunter08


Arresto Menor
Yes, I believe that the process of my transfer from Company A to Company B was not very clear except for the fact the Company B gave notice thru email and phone to Company A of such. Company A never asked for my resignation nor was it my intention to do so. However, Company A requested from me to sign some exit documents (e.g., clearance, release and quit claim, exit interview, tax refund & 13th month form)for my transfer to Company B. Is this tantamount to a resignation?

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7 Re: separation pay on Wed May 11, 2011 11:16 am

attyLLL


moderator
I would argue you agreed to terminate your employment so you can transfer to the other company which is tantamount to resignation.

you can try to demand separation pay and if they don't,your remedy is to file a complaint at the nlrc.


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8 Re: separation pay on Wed May 11, 2011 11:27 am

godhunter08


Arresto Menor
Guess, I would have to clarify things first with my former employer on this matter. Will post further updates.

Thank you very much for the help.

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9 Re: separation pay Today at 4:34 pm

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