IT IS RIGHT TO CLAIM A SEPARATION PAY ?

Our Company has temporarily shutdown its operation but instead of implementing redundancy the management implemented the rotation of works of all workers and continued receiving salaries, but recently we learned that the company has a new investor partner and will be the one who will manage the operations and some top management position will be taken by the new partner..My question 1.) Do we have a right to claim first the separation pay based on our lenght of service before the partnership, if we can claim.) How much can we claim? is this base on Article 297-298 (formerly article 283-284) of Labor code of the Philippines?3.) Do we have a right to make a letter of request to compensate first our lenght of service to the management? 4.) If the company pay us do we have a right to be reinstated to our former work or position by a new management?

ART. 279. Security of tenure. - In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement. (As amended by Section 34, Republic Act No. 6715, March 21, 1989).


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