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Project Employee rights

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1 Project Employee rights on Fri Dec 16, 2011 12:33 am

hrlabor411


Arresto Menor
Hi.

I work for a service provider company and we are required to sign a confidentiality agreement just as like our company signed one with our client.

We are a project base employee and one of my officemate working for the company for 8 years committed a mistake in sending vital information of the client to its customers.

She was given a Notice to Explain and management and the client agreed to terminate the employee after her written explanation claims it was a complete negligence on her part and they deemed it as breach of confidentiality. Due to her years of service, the company granted her request for a clean employment record and file for resignation instead and effective immediately.

They are asking her to sign first the termination paper before accepting her resignation. She was also told that she will not be getting a separation pay as she is only a project employee.

Now we are all scared that it may also happen to us and our years of service meant completely nothing. Is what they're doing legal? Can she file a case at NLRC?

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2 Re: Project Employee rights on Sat Dec 17, 2011 12:17 am

attyLLL


moderator
a project employee has security of tenure as long as the project is still on going. to be terminated for negligence, it has to be both gross and habitual. a single incident is rarely sufficient because of of the requirement of habituality.

if she files a resignation, it will greatly weaken her case if she files a case at nlrc.


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3 Re: Project Employee rights on Sat Dec 17, 2011 11:36 pm

hrlabor411


Arresto Menor
unfortunately this has happened twice for her. It is great information though for us who has been really cautious of our actions. Thank you so much.

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4 Benefits of Project Based employee on Tue Dec 27, 2011 1:44 pm

tatsky31


Arresto Menor
Hi.
I work as a project based employee for 6months now. Since i was hired i haven't signed any contract from my employer. The project lasted only for 3 months, since the project ended, i was assigned to do another task since 1 of the employees resigned.
I started working in lieu of the employee that resigned for almost 4 months now.

I just would like to ask if I am entitled to double pay on holidays that I am working and am i also subject to receive 13th month pay or any benefits.

please enlighten me with the benefits nad just compensation a project based employee should receive.
this would be a great help for me. thank you.



Last edited by tatsky31 on Tue Dec 27, 2011 1:45 pm; edited 1 time in total (Reason for editing : subject)

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5 Re: Project Employee rights on Wed Dec 28, 2011 7:00 pm

attyLLL


moderator
answered your email


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6 Re: Project Employee rights Today at 5:57 pm

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