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Transfer of employee to a new company

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1Transfer of employee to a new company Empty Transfer of employee to a new company Wed Oct 03, 2018 10:46 am

simbalionking


Arresto Menor

Hello, I am a regular employee in a captive (not BPO) company. Recently, the company created another company to comply with an accrediting institution. About a hundred employees from company A will need to be transfered to company B. The management are requiring us to sign a “voluntary resignation” (which they have drafted themselves) then a new contract with company B.

During a discussion between employees affected and management, employees are told they could opt not to sign the resignation and stay with company A. The management promised to find a position suitable for us with company A if we decide to stay. However, since the job that we do is on a higher salary and skill level and requires special licensure which is no longer available with company A, there is a chance we will be placed on a job position with entry-level skill or worse, be in “floating status” or off-detailed. At this point, we are afraid of being placed on floating status with no pay and we feel like we are being coerced and left with no choice but to sign the resignation, letting them get away with the obligation of paying separation pay in the event we are entitled to it.

Concerns:
(1) Is it legal for them to make us sign a “voluntary resignation” which is obviously not voluntary in nature since it is their prerogative and it was them asking us to sign?
(2) did the circumstance trigger the concept of redundancy since our job positions are no longer available with company A?
(3) although the basic salary is retained, is being assigned on a lower skill level position a form of demotion which can lead to constructive dismissal?
(4) are we entitled to get paid while on floating status with company A since there is no suspension or cessation of business that occured?
(5) are probationary employees entitled to a separation pay/redundancy pay as well?
(6) is the employer violating any labor law with the said situation?
(7) given the scenario, what are our options and what would be the most strategic action available for us.
Please enlighten as we have limited knowledge of the labor laws applicable. Thank you in advance.

2Transfer of employee to a new company Empty Re: Transfer of employee to a new company Wed Oct 03, 2018 11:22 am

mikos23

mikos23
Reclusion Perpetua

1. yes it is not legal since it is not voluntary
2. yes
3. no, since there are no available position of the same jd exist anymore. either that or be in a floating status.
4. no, its a no work no pay situation.
6 what situation?
7 go to DOLE and have them "look" into the voluntary resignation, since IMO the best option is going to company B but the process is not good

Patok


Reclusion Perpetua

Do not sign the voluntary resignation. If they don't want to pay separation pay, they should retain the years of service from Company A. This should be stated in writing.

lukekyle


Reclusion Perpetua

1.) yes it is legal as long as there is no coercion. they can ask and they can suggest, they can even try to convince or give incentives just bear in mind they cannot force you to sign.
2.) redundancy in this case is not a "situation". redundancy is a tool given to employers who wish to terminate their employees. For redundancy to take place the employer has to apply to DOLE. If the employer does not submit an application then it is not valid.
3.) Lower take home renumeration MAY be grounds for money claims complaint. You would have to provide specifics as this is not 100% applicable in all cases.
4.) Suspension of a particular business activity is all that is needed. Example: You work as a MIS staff, client no longer needs MIS services. You can be placed in floating status without pay. It does not need to be the whole company that suspends operations.
5.) depends on the probationary contract
6.) no. it may violate labor laws depending on how they treat the employees that will be staying but as of now they are operating within the law.
7.) if the transfer is unacceptable to you, you may stay in company A and hopefully things turn out ok.

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