Indefinite Leave

Dear Atty.
Last April 2 2014 my employer (BPO Company) talked to me and wanted me on Indefinite Leave and write a letter to our President at U.S. that I will start my leave on April 7 2014 because they are downsizing our account.  I tried to call them last week if there are any news that they will reinstate me, and they said the only position available is for night shift (since I was on day shift) and it's for sales which I'm not qualified and they also said to write a letter to our President if he can find or create a position just for me (which I know they are the one should find me a position which I'm qualified since they are the one who put me on indefinite leave).
My question is if I can request them to just lay me off or retrench me so I can move on and find my self other company that can hire me?
Because I have a feeling they are just waiting for me to file a resignation instead to lay me off so they can save to whatever compensation I deserve since I was already working with them for 3 years.
Thanks in advance,

you have been put into floating status.. if there's no job available, they can do this for a period of not more than 6 months, after which, they can retrenched you if there's still no job available.

Hi,
I just found out they are hiring with the same position I had with them but still I haven't received any call from them.
May I know kung pwede ba nilang gawin yun or what action I must do after they put me on indefinite leave?
Thanks in advance,

paparich wrote:Hi,
I just found out they are hiring with the same position I had with them but still I haven't received any call from them.
May I know kung pwede ba nilang gawin yun or what action I must do after they put me on indefinite leave?
Thanks in advance,

Same position, same account as before?

Yes, same account, same position. As what I have seen in jobopenings.ph they need 5, they posted it last Jun 7 2014

paparich wrote:Yes, same account, same position. As what I have seen in jobopenings.ph they need 5, they posted it last Jun 7 2014

You can ask them why they are hiring. Clarify first, before you complain at DOLE.

File constructive dismissal case against that erring company.

is it okay to file contructive dismissal if they are looking for nightshift with the same position since I was in dayshift?

paparich wrote:is it okay to file contructive dismissal if they are looking for nightshift with the same position since I was in dayshift?

Can you work night shift?

Go ask the management first.

they know I can't work at night because of my situation but as of now they prefer nightshift

paparich wrote:they know I can't work at night because of my situation but as of now they prefer nightshift

You can't file for illegal dismissal then.

They need people for a position that you cannot fill, and they are within their rights to look for people who can do what they need.