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Floating status of an employee is it legal?

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1 Floating status of an employee is it legal? on Sat Jan 07, 2012 11:05 pm

jesterconway


Arresto Menor
Hi!,

I have a friend that was put into a floating status for I think 20-30 days and then di binayaran ng employer nung naka Floating status siya ang naka lagay sa Floating status nya is "You can Apply to any company Anytime". parang tingin ko dito ang nangyari is preventive suspension without pay to termination kaso iniba lang nila ang term para di sila mademanda.

nung time na kukunin na nya ung 13th month pay nya pumirma siya ng Affidavit of quitclaim
ganito ung ibang text na naka lagay

(1) I receive my 13th month pay in full payment

(3) I waive my right to file a case yada yada yada...

but walang pumirma/naka pirma na Witness at di siya naka dry seal


Question:

1. legal ba ang floating status?
2. valid ba ung affidavit of quit quitclaim kung walang pirma ng witness at Dry seal or consider sya na private settlement between two involve parties? (my friend vs the previous employer)

3. last one just in case mag sampa ng case ang company against sa friend ko dahil sa Affidavit of quit claim na pinirmahan nya under what legal basis?



Last edited by jesterconway on Sun Jan 08, 2012 10:24 pm; edited 1 time in total (Reason for editing : some words are in SMS format)

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jesterconway


Arresto Menor
sana po masagot to badly need a reply for this one Thanks!

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attyLLL


moderator
1) floating status is legal if it can be justified that there is no work available to be given to the employee.

2) quit claims are valid, but they will be invalidated if the employee did not receive everything he was entitled to.

i'd say by the statement he can work in another company, he was already dismissed.


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jesterconway


Arresto Menor
Thank you for the response...

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