Contract for promotion

Need enlightenment here. Gagawin ko pong time table para po hindi maguluhan ang sinuman pong tutulong sakin...

I'm a regular employee of 3 years in a call center company.

Nov. 6, 2009 - i moved to an L2 position (promotion). after 2 weeks manager resigned so there we're no papers processed for the movement.

Feb. 22, 2010 - the new manager ordered verification and evaluation of the position to process confirmation papers. Manager decided to reset the start date to March 1, 2010 regardless of the original start date.

Mar. 1, 2010 - i signed the contract in good faith and evaluation period expected to end Sept. 1, 2010.

Jun. 25, 2010 - account was pulled out and we were put to a floating status with no pay. Hr sent us letters for non- confirmation of the L2 position.

Tama po ba ang ginawa ng HR na idemote ako when in fact hindi pa tapos ang evaluation period and naka floating status ako? Malakas ang kutob ko na ginawa ng HR ang demotion to prevent themselves from giving me a compulsory separation pay since ung position na hawak ko since Nov is account specific meaning walang kaparehong position within the organization which makes the 6 months wait time in a floating status pointless.

was there any basis for the non-confirmation? Much will depend on what is written on this contract/ papers that you signed.

the law is silent on promotions. but here is how I would look at this situation:

1) it is valid for a company to place a probationary period on a promotion.

2) the promotion can be recalled if the employee does not meet the standard

if this were in litigation, you can argue the period should be considered as having started in november because you actually occupied the position since then.

i think the proper thing would be that you should be allowed to complete the probationary period when you are able to resume your duties. good luck

Thank you so much for the response attyLLL. I really appreciate it. Regarding po your question: "was there any basis for the non-confirmation?" There was no mention in the probationary contract that non-confirmation will be coterminous with the account i was working for. I scanned the contract again and the only condition for reverting the position was if i will not meet the requirements like what you mentioned as well on your reply. But how can the company tell that i didn't meet the requirements for the position if the probation period hasn't ended yet and i am on a floating status? Will there be a violation of the contract if the company will insist on the non-confirmation?

I would greatly appreciate your response again to my question. Maraming salamat po sa website na to at marami kayong natutulungan. God bless!

I think you can legally argue that without basis, then you should still be considered as holding the past position but just that you are only floating status. once revived, you should be entitled to return to your past position. note, this is just an opinion. i've handled a case where I had to argue the exact reverse.

the "co-terminous with the account" is a whole other can of worms. that may mean you are looked upon as a project employee when you may have a right to be considered a regular employee.

Thank you very much attyLLL. Please continue providing advices to those who are in need like me. God bless you and more power to your endeavors in life.