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Need an opinion pls

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1 Need an opinion pls on Wed Jul 27, 2011 12:47 pm

may


Arresto Menor
Dear Sirs,
May i ask for your legal opinion on this situation:
I was given a side agreement (notwithstanding our previous CBA 2004) and since this CBA has been scrapped last year due to non-availability of majority of union members (Union dissolved), would it be correct to approach the Management that i would like to collect my separation pay from the company inasmuch as the CBA has been succeeded by company policy effective this year?
Though i have a black and white agreement that my separation/retirement pay will be based on the 2004 CBA, my predicament is that since a new Gen Manager will be assigned every 3 years, will it be my problem na nababale wala ang kasunduan ko with the previous GM? or by-law, the new GM should follow what has been signed by the previous GM?
Thank you and hoping to receive comments/recommendations on what i have to do.

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2 Re: Need an opinion pls on Wed Jul 27, 2011 6:10 pm

attyLLL


moderator
in my opinion, the new GM should respect the agreement. it is between you and the company, not between you and the GM.


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3 Re: Need an opinion pls on Wed Jul 27, 2011 6:38 pm

may


Arresto Menor
Thanks AttyLLL for your prompt reply.
More power

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4 Re: Need an opinion pls on Wed Jul 27, 2011 7:10 pm

may


Arresto Menor
Atty can i raise a question?
if i pursue the idea of retirement now and sign a quitclaim, it means i have to retire from the company, right? I am hesitant to raise this to the Management because on the other hand i wanted to continue my employment, but for reason that they scrap already the CBA hence, i wanted that i be paid the benefits as per the old CBA.
In your opinion, however, they have to respect the agreement between the previous GM and me.... thanks again [justify]

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5 Re: Need an opinion pls on Thu Jul 28, 2011 4:44 pm

attyLLL


moderator
yes, if you retire, you will be separated from the company.


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[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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6 Re: Need an opinion pls Today at 4:56 pm

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