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Employees Redundiated

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1 Employees Redundiated on Sun May 29, 2011 7:38 pm


Arresto Menor
I was once an agent of this Call Center. My work experience was great. The management before was the best. But now, I've heard that everything has changed. Recently, my friend told me that some of their co-workers were dismissed on the spot. I said to myself "whoa, this can't be?".. I coudn't believe what happened to the happy working place they have advertised every single day.. I've waited for two days for my friend to give me the detailed information about this.. At first I thought that the dismissal was illegal, but then, when she gave me the exact information written on the paper they signed it shows that this particular Call Center emphasized that their employment will be terminated in sometime and it's exact a month notice, where in fact is legal. It was clearly stated that if so ever there will be a vacant job slot, they can rehire these agents..Recently, they called some of the agents to re-employ them, but the problem is, some declined. And they said that they couldn't get the severance pay if they'll decline.. I beg for your help in this.

Are they obliged to go back since it was written that they are still connected to the company till this certain time? If they decline, can the company terminate them due to AWOL?

I've also heard that those who did not receive the call will get the whole severance pay. Isn't it unfair for those who were called back since they do not have a choice but to go back to work and pretend that as if nothing happened? Is it legal for the company to do this? What if the agents who were asked to work again file a case against the company, will this help to fight their right?

I really need your help. I hope I can get a reply from you soon since they need your legal advice on this, for them to know what's the right thing to do..

Thanks for taking time to read this..

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2 Re: Employees Redundiated on Tue Sep 20, 2011 5:57 pm


Arresto Menor
go to a labor lawyer.

atty chan particularly. XD

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3 Re: Employees Redundiated on Wed Sep 21, 2011 7:06 pm


Arresto Mayor
employee may only be terminated upon authorized and just cause and with due process. mere notice of termination is not enough; there should be just and authorized cause(s). non-compliance with requisite no. 1 tantamount to illegal dismissal. even if the employees signed there is still a valid cause of action for illegal dismissal. you can file illegal termination case and if you can get a copy of the "letter" the better. this is applicable where there exist employer-employee relationship. however, there is something not clear in your statement; i.e. no. of years these call center agents have been employed in the company. you can always go to a lawyer and not necessarily those names are by-words in the legal profession. what is important is that you have cause of action and that you have substantial evidence to support your case after all, the burden of proof that termination or dismissal is valid is on the employer/the call center company.

yes, they maybe re-instated (actual or payroll) with payment of backwages as consequence of illegal termination cases.

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