Termination while on leave of absence

Hello Attys.,

I would like to ask if it is possible for an employee who has a security of tenure to be terminated from service while on study leave due to a ched resolution for the closure of one of the departments of the school which i was working at.

drognan2004 wrote:Hello Attys.,

I would like to ask if it is possible for an employee who has a security of tenure to be terminated from service while on study leave due to a ched resolution for the closure of one of the departments of the school which i was working at.

Is your "study leave", officially approved? Do you have documents proving that you were allowed to go study leave? What is the reason given for your termination??

Yes, I sent a letter for my leave of absence which was duly signed and approved by the school. I have a copy of the letter.
The reason in their notice is that the ched en banc issued a resolution ordering the immediate phase out of the nursing department where i previously worked at.
Another thing, would the 30 days notice prior to termination run even if im on leave?

drognan2004 wrote:Yes, I sent a letter for my leave of absence which was duly signed and approved by the school. I have a copy of the letter.
The reason in their notice is that the ched en banc issued a resolution ordering the immediate phase out of the nursing department where i previously worked at.
Another thing, would the 30 days notice prior to termination run even if im on leave?

How long have you been working in that school? Did they not offer you anything?

Have you sought the school's opinion ..., the decision to terminate you is ARBITRARY.. you may want to file a case of illegal termination at the NLRC..

I was connected with them for about 5-6 years. aside from the separation pay which i ought to not get yet, they did not offer anything such as assigning me to another department. I forgot to mention that most of us were terminated, except for three to finish the academic requirements of 4th year students.

drognan2004 wrote:I was connected with them for about 5-6 years. aside from the separation pay which i ought to not get yet, they did not offer anything such as assigning me to another department. I forgot to mention that most of us were terminated, except for three to finish the academic requirements of 4th year students.

In private companies, when your position is deemed REDUNDANT ( Art 283 of the Labor Code) or when your position is no longer needed, you are entitled to a separation pay... which should be 1 month pay for every year of service this is actually one of the authorized causes under the Labor Code.. I suggest YOU NEGOTIATE first on the SEPARATION PAY , and try to check if there are any other available positions..if none, YOU'VE GOT TO MOVE ON and there will be other Schools willing to take your services. If you will engage the school into Legal battle..chances are, this will drag for a long long time which is both disadvantageous for you and the school.