counter notice of redundancy by the employer

Good Morning...

I just want to clarify...Our Company file a 1 to 6 months notice of redundancy at the DOLE. We have been advised and cleared with this action. We have openly accepted this and looking forward to a good future even out our Company. However, now that we are already nearing the redundancy date, 2 days before signing the notice we have been advised that redundancy package will not push through. According to them, HR received directive from the higher management to file a counter notice stating that they will not push through with this package. Is this legal? Even if the content of the notification given to the DOLE that Company "explored all possible options for the affected workers to keep their jobs, but have been able to do so". We have served the company for than 20 yrs and proven our loyalty and quality service to the Company. What will happen to the redundancy package? We are nearing to our retirement age, and this redundancy package will serve as a compensation for our loyalty and the length of service we have dedicated to the Company. I am seeking for your advise.. thank you very much...God Bless....

lynnor68 wrote:Good Morning...

I just want to clarify...Our Company file a 1 to 6 months notice of redundancy at the DOLE. We have been advised and cleared with this action. We have openly accepted this and looking forward to a good future even out our Company. However, now that we are already nearing the redundancy date, 2 days before signing the notice we have been advised that redundancy package will not push through. According to them, HR received directive from the higher management to file a counter notice stating that they will not push through with this package. Is this legal? Even if the content of the notification given to the DOLE that Company "explored all possible options for the affected workers to keep their jobs, but have been able to do so". We have served the company for than 20 yrs and proven our loyalty and quality service to the Company. What will happen to the redundancy package? We are nearing to our retirement age, and this redundancy package will serve as a compensation for our loyalty and the length of service we have dedicated to the Company. I am seeking for your advise.. thank you very much...God Bless....

If you continue your employment and eventually retire from the company, you will be paid your retirement benefit as per company policy or government rules.

than u for you immediate reply...

But in our company, we don't have a retirement benefits. That's why, we grabbed this once in a lifetime offer... We trained/transition this job in INDIA...ayusin namin ang transition... then, after six months, the company will release us. In fact, nag notify na cla sa DOLE last Feb 18, 2014.

lynnor68 wrote:than u for you immediate reply...

But in our company, we don't have a retirement benefits. That's why, we grabbed this once in a lifetime offer... We trained/transition this job in INDIA...ayusin namin ang transition... then, after six months, the company will release us. In fact, nag notify na cla sa DOLE last Feb 18, 2014.

If no company benefits, then the government rules follow - eventually when you are of retirement age.

In the absence of a retirement plan or agreement providing for retirement benefits of employees in the establishment, an employee upon reaching the age of sixty (60) years or more, but not beyond sixty-five (65) years which is hereby declared the compulsory retirement age, who has served at least five (5) years in the said establishment, may retire and shall be entitled to retirement pay equivalent to at least one-half (1/2) month salary for every year of service, a fraction of at least six (6) months being considered as one whole year.