Free Legal Advice Philippines
Would you like to react to this message? Create an account in a few clicks or log in to continue.
Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Floating Status

3 posters

Go down  Message [Page 1 of 1]

1Floating Status Empty Floating Status Wed Jun 05, 2013 1:40 pm

JonT


Arresto Menor

I have a question regarding employees who will be placed under floating status. The company will put 10 employees to floating status but they put up an initiative (free up-skill training)to enhanced their skill knowledge. For those under floating status can take the training but with no allowance or any payment, during the period of training. If they fail examination for 3x then they will be terminated permanently. Will there be any grounds of illegal dismissal in this case?

2Floating Status Empty Re: Floating Status Wed Jun 05, 2013 2:44 pm

Patok


Reclusion Perpetua

the training is entirely different as it is not paid.. the employee can even argue that they dont have to attend that.. then if they fail the exam 3x they will be terminated.. how did the training became a basis?

3Floating Status Empty Re: Floating Status Wed Jun 05, 2013 2:59 pm

JonT


Arresto Menor

The training is open for all employees not just to those who'll be under floating status. Reason for going on float was because of the account (pullout) that will be closing by the end of the month. And since there are too much headcount overall, to avoid any claims, illegal dismissal, and such, company decided to come up with a floating status for those who will be affected and are encourage to join training for other accounts so that if they pass then they can be absorb to that account. However, if they fail (max of 3x)then discontinuance on the part of employer since they are not fit for the role/job.

Appreciate your response.

4Floating Status Empty Re: Floating Status Wed Jun 05, 2013 3:30 pm

Patok


Reclusion Perpetua

to avoid any complications.. why not retrenched those that will be affected.. you're just using the training to terminate some employees because you have too much man power.. that's not the proper solution.. the solution to avoid any legal problems is to retrenched those that will be affected.. no headaches.. no law suit..

5Floating Status Empty Re: Floating Status Wed Jun 05, 2013 3:36 pm

JonT


Arresto Menor

Okay, got it thanks for your reply.

6Floating Status Empty Re: Floating Status Thu Jun 06, 2013 11:49 pm

attyLLL


moderator

you will have to comply with requirements of notices and payment of separation pay.

imo, you cannot put a person on floating status without if there are other positions available.

https://www.facebook.com/BPOEmployeeAdvocate/

7Floating Status Empty Re: Floating Status Fri Jun 07, 2013 9:38 am

JonT


Arresto Menor

Noted, unfortunately for those who'll go on floating status we do not have any position available for them since they are not trained to support other programs. Until such time that they opted to join the training and pass the examination we can re-call them and endorse to that program. Thanks for the reply attorney.

Sponsored content



Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum