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I am a General Manager of a small automotive manufacturing company under the Cavite economic zone. Because of the reduced profitability of our only client in the US. Our client company decided to close shop and so the company do the same. The company retrenched all the workers including myself on November 30, 2015. Everyone was paid more than the law requires.
Even before the retrenchment take effect, the President of the company enters into a sale of business asset and its manufacturing license, and I was part of the closing condition of the sale that I accept an employment contract with the buying company and so I accepted the contract.
My contract stipulates that I am on a 90 days probationary period with starting date of- CLOSING DATE of the buy off company.
However , the buying company (the new company) even before the CLOSING DATE (March 31, 2016) take placed had released a secretary certificate appointing me as one of its Corporate Director and was also elected as Corporate Treasurer on October 7, 2015.
From December 1, 2015 up to March 31, 2016.
I was part of the winding down process of the buy off company and at the same time was dispensing my function as General Manager and Director of the new buying company. I represented the buying company (New Company) in its application as a new manufacturing enterprise at PEZA as its General Manager and Corporate Treasurer where there is a Secretary Certificate appointing me to represent the New Company.
I also represented the new company in application for the change of business address in both PEZA and SEC on December 2015.
I also initiated on behalf of the new company in a capacity of General Manager in offering employment offer letters/contracts with several persons on the same month of December 2015.
On March 31, 2016, the buy off company finally closed and on April 1, 2015 the new company official started its production commercial operations.
I could confidently claim that I have been doing my job well as I have consistently met the factory efficiency KPI. The minimum KPI is 77% and the new factory that I am managing has APRIL – 84% , MAY – 86% and JUNE – 84%. This is evident with the many rewards given to all the employees for the meeting the targets.
However, I was surprised that On Jun30, 2016 I was served with a termination letter. The termination was read on me via conference call in the morning of June 30, 2016 and the local HR asked me sign the termination notice. According to the President and HR My start date was on April 1, 2016 and on the June 30, 2016 is still within the probation period of my employment.
However the termination notice claims that my termination is on the basis of Just Cause for no meeting the expectation and trust and confidence and also stating several acts which is NOT true such as :
1. Locking the gate of the company to forced everyone to render overtime
2. Shouting and Disrespecting other employees
3. Authorizing major construction.
All of the allegation I only knew this on the day of my termination because it is written on the termination Notice.
Those are all not TRUE.
On the same day June 30 2016, I went to the NLRC and filed the illegal termination case. However the HR has been vocal about me that she has good connection at the NLRC. I am worried that my case will be futile.
Two weeks ago , I met with the HR and the President and they are offering me 500,00 PHP for me to drop the case. But I did not accept the offer because it is just equivalent to 3mos of my salary but I ask for at least 6mos to 1 year compensation plus benefits.
Now the case is still at the mandatory conference stage.
My questions are:
1. Do I have a high chance to win the illegal dismissal? My employment documents states that as General Manager I am reporting to the Philippines Board. However, the termination notice I received was signed only by the President who has the same share as mine on the SEC. I was not given that chance to explained on any of the allegations they are pointing on me.
2. I am praying that company will pay me unpaid wages from October 2015 to March 2016 as those date I have already started my work for the new company.
3. Because of the humiliation and sleepless nights I am praying also for Moral and Exemplary Damages.
4. Can I also file a case related to SEC? because I am board of director and they are removing me from the board.
Any advise?
Even before the retrenchment take effect, the President of the company enters into a sale of business asset and its manufacturing license, and I was part of the closing condition of the sale that I accept an employment contract with the buying company and so I accepted the contract.
My contract stipulates that I am on a 90 days probationary period with starting date of- CLOSING DATE of the buy off company.
However , the buying company (the new company) even before the CLOSING DATE (March 31, 2016) take placed had released a secretary certificate appointing me as one of its Corporate Director and was also elected as Corporate Treasurer on October 7, 2015.
From December 1, 2015 up to March 31, 2016.
I was part of the winding down process of the buy off company and at the same time was dispensing my function as General Manager and Director of the new buying company. I represented the buying company (New Company) in its application as a new manufacturing enterprise at PEZA as its General Manager and Corporate Treasurer where there is a Secretary Certificate appointing me to represent the New Company.
I also represented the new company in application for the change of business address in both PEZA and SEC on December 2015.
I also initiated on behalf of the new company in a capacity of General Manager in offering employment offer letters/contracts with several persons on the same month of December 2015.
On March 31, 2016, the buy off company finally closed and on April 1, 2015 the new company official started its production commercial operations.
I could confidently claim that I have been doing my job well as I have consistently met the factory efficiency KPI. The minimum KPI is 77% and the new factory that I am managing has APRIL – 84% , MAY – 86% and JUNE – 84%. This is evident with the many rewards given to all the employees for the meeting the targets.
However, I was surprised that On Jun30, 2016 I was served with a termination letter. The termination was read on me via conference call in the morning of June 30, 2016 and the local HR asked me sign the termination notice. According to the President and HR My start date was on April 1, 2016 and on the June 30, 2016 is still within the probation period of my employment.
However the termination notice claims that my termination is on the basis of Just Cause for no meeting the expectation and trust and confidence and also stating several acts which is NOT true such as :
1. Locking the gate of the company to forced everyone to render overtime
2. Shouting and Disrespecting other employees
3. Authorizing major construction.
All of the allegation I only knew this on the day of my termination because it is written on the termination Notice.
Those are all not TRUE.
On the same day June 30 2016, I went to the NLRC and filed the illegal termination case. However the HR has been vocal about me that she has good connection at the NLRC. I am worried that my case will be futile.
Two weeks ago , I met with the HR and the President and they are offering me 500,00 PHP for me to drop the case. But I did not accept the offer because it is just equivalent to 3mos of my salary but I ask for at least 6mos to 1 year compensation plus benefits.
Now the case is still at the mandatory conference stage.
My questions are:
1. Do I have a high chance to win the illegal dismissal? My employment documents states that as General Manager I am reporting to the Philippines Board. However, the termination notice I received was signed only by the President who has the same share as mine on the SEC. I was not given that chance to explained on any of the allegations they are pointing on me.
2. I am praying that company will pay me unpaid wages from October 2015 to March 2016 as those date I have already started my work for the new company.
3. Because of the humiliation and sleepless nights I am praying also for Moral and Exemplary Damages.
4. Can I also file a case related to SEC? because I am board of director and they are removing me from the board.
Any advise?
