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employee engaged in the same business activities during floating status

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mareyes


Arresto Menor
Dear Attorney,

I would like to ask kung may laban po ang employee against the employer who terminated him dahil po sa pagtanggap ng employment sa ibang call center habang naka float status na hanggang 6 months?

Sabi kasi ng HR pwede magtrabaho habang naka float pero walang documento na magpapatunay na sinabi nga nya yun kasi nung mga time na yun ayaw nila magbigay ng minutes of the meeting ngayon ginamit sa employee yun against him that led to termination.

Hindi na rin connected sa company yung HR na nagsabi.

Attorney may previous incident na rin po ba na ganito ang nangyari na my SC decision?

Attorney kelangan ko po ng tulong niyo upang maliwanagan po ako sa estado ng employee.

Maraming salamat po in advance and more power

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attyLLL


moderator
what kind of work did you accept? was it a permanent position?


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mareyes


Arresto Menor
Salamat po sa pagreply agad.

hindi ko po masasabi kung permanent position yung naging work during the float status kasi nagresign din naman agad after 2 months and that is 3rd month in float status.

Yung industry ay parehong call center and the department is also the same operations pero magkaiba yung support and position ay parehong managerial post.

the company that placed the employee on float status ang support ay telecommunications and outsourced. Yung employment na in-accept nya ay computer troubleshooting and in-house. sabi sa termination letter ay engaging in the same business activities which are of the same nature with the operations or business of the company ang violation and while on float status the employee is still bound in company policies and still active

Hindi naman po sila ininform na bawal magwork sa ibang call center bagkus pinayagan pa po sila at hindi naman po pinaliwanag na mateterminate pagnagwork habang naka float.

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attyLLL


moderator
there was a case decided that if the employee takes on a new job during the period of suspension of operations, he will be deemed resigned. i don't agree with the case, but that's the way the supreme court decided.

nevertheless, they can still file a complaint to question the termination. there are still arguments to be made.


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