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Terminated without the benefit of severance or termination pay

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CainHeel


Arresto Menor

If I get terminated, I won't get anything? why do they call it termination pay in the first place if you can't get anything from the company at all?


I would like to know if this thing here is legal:


"Unless extended upon agreement in writing or terminated earlier in accordance with terms of this contract, this project employment agreement shall expire on the date specified above without need of any notice and payment of any severance or termination pay.

Without prejudice to Clause No.1 above, your services may be terminated at any time, without the benefit of severance or termination pay, (a) if the Company finds that you are not qualified, competent or efficient for the position in which you were hired or that you do not meet the Company's minimum standard of performance, (b) if the Company finds that you are not physically, psychologically or medically fit for the job, (c) if you violate any of the Company's policies, rules, regulations, instructions and guidelines, which shall be your duty to know and study, or (d) you violate or fail to satisfy any of your responsibilities or obligations as provided herein, or (e) in the event that your services are no longer needed either because of a reduction of work in the phase of the Project you are involved in or the early completion of said phase, or the position requiring your skills are cancelled or abolished. "

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attyLLL


moderator
that is a project employment contract. you have security of tenure while the project is ongoing, but not when it is over, or a phase is over and you are no longer required. you are not a regular employee so you do not get severance pay.


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CainHeel


Arresto Menor
So technically speaking, all call center agents are not regular employees even though they've been employed for more than six months? Call Centers are not required to give severance pay to its employees since their contracts are project-based? Then there is no security of tenure for call center agents then. Employees have no say whatever at all then. They can impose whatever rules they want and employees just have to follow them. What protection can call center agents get from the law then against call center companies? As long as the contract is signed, the contract takes precedence over the labor law?

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attyLLL


moderator
not all, in fact, many bpos offer regular employment to attract good applicants.

yes, you have a say - to accept it or not at the point of hiring. you should understand a contract before rushing in to sign it.

and project employment is expressly allowed by the labor code.


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alexisbantilan


Reclusion Perpetua
Hi ATTY,

How about labor only contracting?Is it allowed by the constitution?

Thanks.

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attyLLL


moderator
no it is not


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