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CTO under BPO Company (Account still active)

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1 CTO under BPO Company (Account still active) on Thu Oct 27, 2011 4:15 pm


Arresto Menor
Hi Sir/Ma'am,

I understand you have already been receiving a lot of questions about CTO. I just have one question related to this post.

From what I see, we were both from the same BPO company. I've been an employee for more than 5 years. They gave me the same letter a month ago and placed me under CTO for 5 months. They kept referring to the same article that was mentioned here.

ART. 286. When employment not deemed terminated. - The bona-fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment by the employee of a military or civic duty shall not terminate employment. In all such cases, the employer shall reinstate the employee to his former position without loss of seniority rights if he indicates his desire to resume his work not later than one (1) month from the resumption of operations of his employer or from his relief from the military or civic duty

One of your moderators replied "the company has to prove there is a bonafide requirement to reduce operations. in fact, the provision says suspension, not just reduction"

Even though we're both from the same company, we are from 2 different accounts. I understand that their account is or will be closed. However, our account is still active and there is no question that it will remain so. I'm an officer and they said that they need to reduce our numbers. They placed half of us under CTO.

Now my question is, is the CTO legal here or should it be redundancy instead? There was no suspension of operation, we were just too many.

I would really appreciate it if you can help me as I don't want to waste my time to file any complaints without being sure that I'm on the right side. I heard a lot of employees from our company already submitted their case at DOLE and NLRC and as far as I know, no one won yet.

Thank you!

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here's the really sucky part: if you get a job during the temporary lay off, they can argue that you terminated your employment.

and here's the big debate on the subject:

in sum, there's no clear rule on the matter, but i recommend you file your case anyway.

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