Home
My friend is an employee of my company's subsidiary. She was hired in May 16, 2011 as contractual. Every five months her contract is being terminated and will be rehired on the next day for another five months. Her last contract of being contractual was terminated in August 30, 2014 and she was rehired as probationary in September 1, 2014. On December 1, 2014, she became a regular employee until the company ceased its operation on September 30, 2015. In short, she have been an employee of the company continuously for 4 years and 4 months. When she received her separation pay on October 1, 2015, the computation is only for 1 year of service.
Is it legally right that she receive a separation pay computed for 1 year of service (as regular employee) or does she deserve to receive a separation pay computed based on 4 years of service?
She is hesitant to file a complain in NLRC because my company (mother company) has already hired her as contractual employee on October 1, 2015.
I hope you give her legal advice on her case. Thank you.
Rose of Paranaque City
Is it legally right that she receive a separation pay computed for 1 year of service (as regular employee) or does she deserve to receive a separation pay computed based on 4 years of service?
She is hesitant to file a complain in NLRC because my company (mother company) has already hired her as contractual employee on October 1, 2015.
I hope you give her legal advice on her case. Thank you.
Rose of Paranaque City
