EMPLOYEE COMPENSATION

hi,

i would like to consult with you regarding employee compensation once we are transferred to the new company.

Here are the circumstances:

-Our current employer has 2 Divisions under 1 company name.
-one of the divisions(Agency) will cease operation because the business operation will be taking over by our Principal who will branching out in the Phils.
-In the coming months, there will be a new company name under our Principal, Phil Branch.
- I belong to the said division that are ceasing operation due to apparent take over.
- We were initially told that we are still being considered for absorption to the new company with the same packages.
- the company is not at loss but due to the Principal branching out in the Phils., the company will decide to cease operation for the Agency Division.

Question:
- are the employees connected in the division that are closing entitled to a separation pay?

Thank you very much.

Technically, they are not employed by the company but their agency. So if ever, it will be the agency that will be paying them. I highly doubt if they will be paid separation as they are on a per contract basis thru the agency, unless written in their contracts which I doubt.

hi,

Sorry to confuse you...

I would like to clarify the Agency term; One of the Divisions is involved in the Shipping Agency Business.

Employees are directly hired by the Shipping Agency Division and not employed under an employement agency... to clarify....

Thank you very much.
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i would like to consult with you regarding employee compensation once we are transferred to the new company.

Here are the circumstances:

-Our current employer has 2 Divisions under 1 company name.
-one of the divisions(Shipping Agency Business, not employed under an employement agency)[/color] will cease operation because the business operation will be taking over by our Principal who will branching out in the Phils.
-In the coming months, there will be a new company name under our Principal, Phil Branch.
- I belong to the said division that are ceasing operation due to apparent take over.
- We were initially told that we are still being considered for absorption to the new company with the same packages.
- the company is not at loss but due to the Principal branching out in the Phils., the company will decide to cease operation for the Agency Division.

Question:
- are the employees connected in the division that are closing entitled to a separation pay?

Thank you very much.

highway wrote:hi,

Sorry to confuse you...

I would like to clarify the Agency term; One of the Divisions is involved in the Shipping Agency Business.  

Employees are directly hired by the Shipping Agency Division and not employed under an employement agency... to clarify....

Thank you very much.
+++


i would like to consult with you regarding employee compensation once we are transferred to the new company.

Here are the circumstances:

-Our current employer has 2 Divisions under 1 company name.
-one of the divisions(Shipping Agency Business, not employed under an employement agency)[/color] will cease operation because the business operation will be taking over by our Principal who will branching out in the Phils.
-In the coming months, there will be a new company name under our Principal, Phil Branch.
- I belong to the said division that are ceasing operation due to apparent take over.
- We were initially told that we are still being considered for absorption to the new company with the same packages.
- the company is not at loss but due to the Principal branching out in the Phils., the company will decide to cease operation for the Agency Division.

Question:
- are the employees connected in the division that are closing entitled to a separation pay?

Thank you very much.

They are entitled for separation pay because the company ceases its operations.
It is equal to 1 month basic pay x no. years of service. Because the company is not in loosing conditions so full one month is basis for computations.

Thank you.

- What if our ex-company vested in a joint venture with the new company but new company name and management will put up?

- are the employees still have the right to for a separaton pay?

either separation pay or they let you sign a document carrying over your years of service to the new company.

from what articles in the labor code we can find references for this case? can you give us the article nos.?