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retrenchment

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1 retrenchment on Fri Nov 04, 2011 2:19 am

luksongtinik


Arresto Menor
my boss is practicing this retrenchment period. three employees has been given noticed regarding this. they only have the whole month of november to stay in the office. i know my boss hasn't filled any retrenchment notice/letter to the dole as far as i know he should send a notice to the dole and the candidates for retrenchment. but this three employees were only given verbal notices.

another thing is what are the grounds for valid retrenchment? say for example he's reasoning out a seasonal fluctuation. the office is only paying a seven heads, the sales per month in our office has a max of half a million++ and collectibles per month is averaging like 300k-500K so this figures doesn't seem like the office is "palugi" we're only paying for a 10k office unit and all utility bills just average in max of that same amount.

i really feel sad for those who are affected by my boss's decision of trimming down employees in this short notice. along with this our taxes, sss, philhealth etc wasn't properly filled and distributed to the respective agencies but were already deducted from our pay. this causes the employees a lot more worried that they might not get anything when they leave the office.

what can be the best action for this?
is our boss liable for law suit?

thanks

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2 Re: retrenchment on Sat Nov 05, 2011 7:48 am

attyLLL


moderator
if he doesn't follow the proper process in retrenchment, he can be liable for illegal dismissal. he can also be required to prove the basis for the retrenchment. those fired will have to file a case in nlrc.

failure to remit collected contributions to sss, pag-ibig, etc is considered estafa.


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