Constructive Dismissal

Hello Everyone,

I am currently working as a Java Development Team Lead for a small multi-national company in Ortigas. I have been with the company for more than 6 years. I am currently leading a team of 6 people.

The company has three offshore clients. The client that our team is tied up to decided to end their contract with our company because they said that they cannot provide enough work for our team. As a result, the 6 people under me is going to lose their work. Our company has agreed to give a separation pay with accordance to labor law.

Since I was a former programmer for the other client of our company, they wanted to reassigned me back on my old post. I had respectfully decline the offer due to the following reasons:

• I am being demoted from a management position back to a senior programmer position.
  
  
• The terms of transfer says that the post is going to be temporary, in short from full time employment, I will become a contractual employee.
  
  
• The new terms of employment also demands that I give 3 months of notice should I decide to leave the post.
  This is quite hard, since most companies will only wait the standard 1 month or less notice if they want to hire you.
  
  
• The new terms also states that there will be additional pay of 25% of the annual salary, but will only be given after a year of service, should I decided to leave before the 1 year period, this additional pay will not be given.
  
  
• The old post that they are offering is using VB6 language as compared to the Java language that my current post is using, VB6 is a very old programming language therefore another year of experience in VB6 will not add to my marketability as a systems developer.

Due to my decline, they said that I am not entitled to any separation pay.

I have been a model employee to the company, no lates, no unauthorized leaves, consistent high appraisal scores for the whole duration of my tenure to the company, I feel that this re-assignment leave me no other choice but to voluntarily resigned therefore renounced my right for a separation pay.

I just wanna know, if my reasoning has enough merits for me to file a complain through NLRC.

Thanks in advance!

i agree that's constructive dismissal if you were a regular employee

Thank you sir for the reply, I will try to convince them with diplomacy before filing a complain on NLRC.