SEPARATION PAY FOR CO-TERMINUS EMPLOYMENT FOR 8 YRS

hermano wrote:Good day!

I'd like to ask for your help if I will be eligible to receive a separation pay after 8 years of employment under co-terminus contract. Our company is a service delivery partner of one of the Embassies here in the Philippines since 2002. But for some reason, the partnership will now end this June 2014.

I was hired by the company on May 2006 as a customer service representative and was promoted as Team Leader last August 2010 up to now. Every year I sign a contract every 11th of August with the same job descriptions when I was a CSR then same through when I took the position of a TL.

The company is updated in paying for my SSS and Pag-Ibig contributions since I started working with them.

Am I eligible po ba to receive a separation pay when we end our services with the embassy this June 2014?

Please advice and thanking you in advance.

Many Thanks

Hermano  

hermano wrote:Hi, thanks for the reply. The company has already informed us that they 'll just give us some token but not a separation pay since not all of us could be transferred to other accounts and department.

hermano wrote:Yes daw token lang at Hindi separation pay

hermano wrote:Any suggestions po from anyone will be highly appreciated. Thanks

ART. 283. Closure of establishment and reduction of personnel. - The employer may also terminate the employment of any employee due to the installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the provisions of this Title, by serving a written notice on the workers and the Ministry of Labor and Employment at least one (1) month before the intended date thereof. In case of termination due to the installation of labor-saving devices or redundancy, the worker affected thereby shall be entitled to a separation pay equivalent to at least his one (1) month pay or to at least one (1) month pay for every year of service, whichever is higher. In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.

Patok wrote:it actually falls on the 2nd paragraph.. hindi naman sila redundant eh.. nag end yung contract sa embassy..

"in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year."

Mariposa wrote:Hello po good morning. I have a concern regarding my separation pay. I have been working for a Korean phone English company for the past four years. Last March the company was sold to another owner. I was part of the sell out,then yesterday my new boss suddenly wanted to change how they pay me. From monthly basis to per student basis. I said I will think about it,but they didn't wait for my decision instead they told my students I'm leaving and quitting the company. I was shocked and angry. My question is can I ask for a separation pay? We don't have a contract though and no pay slip either they are base in Korea but they also have a company in Iloilo. Thanks for the help.

Mariposa wrote:I didn't resign. They just told students that I'm leaving. I didn't know anything.

Mariposa wrote:And they haven't given my salary for three months now.