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Hi Attorney,
Good day, po! I apologize for taking your time but I just need a little advice regarding my situation.
My company's line of business (LOB) which is presently located in Q.C. is going to transfer to Santa Rosa, Laguna. As usual, most of us are not happy because we are all living near Q.C. However, the company offered us three options to choose from which in reality is not enough for the years of our service and loyalty. I am with them for almost 4 years now.
These are the options:
1. Temporary relocation: employee will still work with the company in a lock-in duration of 2 months with additional 300 transpo allowance (since it will be in Laguna) and at the end of 2 months will receive 10,000 cash bonus. Then, employee will have the option whether to resign or be redeployed. Unfortunately, if no position is available to other sites or dept., employee will be in the risk of "floating" status without pay.
2. Permanent relocation: employee will be given 30,000 cash bonus before the transfer. Company said the cash is to support us to find a suitable place to rent. However, there is a lock-in period of 1 year to stay with the company which means resignation or redeployment will not be options once you choose the receive the said amount.
3. No relocation: employee has only to decide whether to resign or be redeployed. But then again, if you choose to be redeployed, there is a risk of being in "floating" status without pay.
My questions now are:
a. the lock-in periods mentioned in options 1 and 2, are they legal?
b. in case I choose option 2 to receive the 30,000 but after a few months I changed my mind due to long travel that might affect my health, do I still have the right to resign or discontinue the service? will the company gain the right to demand the back the cash incentive they provided?
c. is it right for a company to let us just be in "floating" status without pay in case we choose to be redeployed but there will no position available?
Please let me know your opinion in case you will be in my shoes.
I really need your advice as I have a family to support and this is a crucial decision for me.
Thank you very much in advance!
Good day, po! I apologize for taking your time but I just need a little advice regarding my situation.
My company's line of business (LOB) which is presently located in Q.C. is going to transfer to Santa Rosa, Laguna. As usual, most of us are not happy because we are all living near Q.C. However, the company offered us three options to choose from which in reality is not enough for the years of our service and loyalty. I am with them for almost 4 years now.
These are the options:
1. Temporary relocation: employee will still work with the company in a lock-in duration of 2 months with additional 300 transpo allowance (since it will be in Laguna) and at the end of 2 months will receive 10,000 cash bonus. Then, employee will have the option whether to resign or be redeployed. Unfortunately, if no position is available to other sites or dept., employee will be in the risk of "floating" status without pay.
2. Permanent relocation: employee will be given 30,000 cash bonus before the transfer. Company said the cash is to support us to find a suitable place to rent. However, there is a lock-in period of 1 year to stay with the company which means resignation or redeployment will not be options once you choose the receive the said amount.
3. No relocation: employee has only to decide whether to resign or be redeployed. But then again, if you choose to be redeployed, there is a risk of being in "floating" status without pay.
My questions now are:
a. the lock-in periods mentioned in options 1 and 2, are they legal?
b. in case I choose option 2 to receive the 30,000 but after a few months I changed my mind due to long travel that might affect my health, do I still have the right to resign or discontinue the service? will the company gain the right to demand the back the cash incentive they provided?
c. is it right for a company to let us just be in "floating" status without pay in case we choose to be redeployed but there will no position available?
Please let me know your opinion in case you will be in my shoes.
I really need your advice as I have a family to support and this is a crucial decision for me.
Thank you very much in advance!
