Corporation merger - employee's separation mandatory?

Good morning!

if corporation A, B, C are merged into corporation X, are the employees of corporations A, B and C entitled for separation after the merger?
(employees where continually employed by corp. X)

Can an employee refuse employment in corp. X and get a separation pay?

Thanks and God bless

a lot depends how these companies merged, and the position of the new corporation. there may have been a sale of assets or a sale of shares.

did x say that seniority is continued?

Good morning attyLLL.

All branches under different corporate name whose shares of stocks is owned by corporation A where merged into corporation X.
X assumes all assets and liabilities of corporation A and its branches.
All employees will continue working with corp. X and there will also be continuity of tenure.

Will the merger of corp. B to corp. X be considered a closure of an establishment although there is continuity of employment and tenure? (Under section 283 of the Labor Code gives separation pay when an establishment is closed}

Thank for your time and effort.

God bless you.

in my opinion, this is a valid merger and there is continuity of employment so there is no basis for separation pay.

Thank you attyLLL for your opinion.

How about if I am being required to sign a new contract by the new corporation and I refuse to sign, am I still not entitled to separation pay if the new contract is unacceptable to me?

Hindi daw po ako bibigyan ng teaching loads at di papaswelduhin if I dont sign the new contract under the merged corporation.

Thanks and God bless

what about the contract is unacceptable?

I am a regular employee under corporationn A. When A,together with the other corporations were merged into corporation X, corp X wanted me to sign a new employment contract but the terms and conditions are different or unacceptable. (all branches under different corporate name have retired their BIR, business permits and bank account).

I decided not to sign the new contract with corp X (new corp) and they are preventing me to report for work evenif they have not issued a termination paper (for me its a case of constructive dismissal). dahil ayaw ko daw pirmahan ang new contract with corp. X di ko na daw puedeng hawakan ang mga klase na assigned sa akin. And when I reported this morning I was prevented by our security personnel to enter the classroom.

My layman's understanding is, since corp A is no longer inexistence and I did not sign a new employment contract with the new corp X and they prevented me from reporting for work, I am entitled to separation pay because there was no continuity of employment.

Am I still not entitled to separation pay for the services I rendered with corp A?

Thank you for your time and God bless

Difference in the contract:
Corp. A
teaching services only
3 hours lab. class = 3 units
(if I am paid P200/unit or per hour I will be paid P600 for the 3hrs rendered)

Corp. X (new corp)
Teaching 24 units + 6 hrs consultation + 10 hrs administrative functions (consultation and administrative function may be increase from 16 to 28 hours at their discretion)
3 hours lab. class = 1.5 units
(if I am paid P200/unit or per hour I will only be paid P300 for the 3hrs rendered which is 50% less than I used to received under corp A)

i recommend you report the matter to DOLE. you can sign the new contract, and still ask for separation pay. at least you'll still have work.

On June 24 i decided not to sign the contract and when I asked for a written notice they refused. the following day I was prohibited from attending to my class and my classes were withdrawn. Last June 27 (Monday) to reported for work and again they prohibited me from attending to my classes. I have written them but no reply. they later on refused even to received my letters.

Much that I have the passion for teaching the tainted relationship with my employer made me file a complaint last June 29 at NLRC for Illegal Dismissal - Actual. We will have the first meeting this week for the mediation. I will post whatever updates there may be.

Thank you again for your time.
God bless.

my employer's representative did not attend the scheduled 1st meeting. we again have another meeting this week.
God bless

that's common. sometimes no one still arrives on the second hearing, then a third one will be scheduled 1 month later. enforcing your rights is hard work