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Legal Advice on Retrenchment

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1 Legal Advice on Retrenchment on Thu Jun 16, 2011 4:26 pm

gerrydavid21


Arresto Menor
Our company held a company meeting last September 13, 2010 informing us that there will be transformation into one group only to improve levels of quality, customer servive, cycle time and productivity. They informed us that they identified certain positions in its current organizational set-up w/c are not in line with new organizational set-up and, thus, have to be eventually eliminated. I'm the one receiving the letter last October 6, 2010 that my position is one of the positions that the company has identified that will be eliminated under its new organizational set-up which will be implemented over the next 3 quarters. I'll be receiving a severance package consisting of one month base per year. I already prepared my plans outside the company, but suddenly their decision has been changed. They will still extending me on their company in which I believe that this june is my last month on their company and I have plans waiting for me outside their company. They not gathered a formal meeting on our group, letting us know of our status. What are my rights? I would like to receive my severance package before leaving the company. It's not my fault that they have some problems delaying their plans, I also have my plans for my family. Need your advice.

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2 Re: Legal Advice on Retrenchment on Thu Jun 16, 2011 7:52 pm

attyLLL


moderator
tough situation. the decision to retrench or not belongs to the company. try to negotiate with them for a fixed exit.


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3 Re: Legal Advice on Retrenchment on Fri Jun 17, 2011 12:39 am

gerrydavid21


Arresto Menor
Thanks for your response. I still have one question in mind before I do your advice. Is the letter I've received and signed was useless? I believe this was already forwarded to Department of Labor and Employment for legal matters thus this letter can't be cancel once the duration was already been met.

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4 Re: Legal Advice on Retrenchment on Fri Jun 17, 2011 9:42 pm

attyLLL


moderator
in my opinion, retrenchment can be recalled because it is a management prerogative, and in most cases, will be welcomed by the employer. in your situation, you can be seen as the one severing the relationship.


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