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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » 6 months on bench-- with pay-- is company required to give me a role, else they let me leave the company and they pay separation pay?

6 months on bench-- with pay-- is company required to give me a role, else they let me leave the company and they pay separation pay?

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Mc2012


Arresto Menor

Hi!

I have been working at a multinational IT company for almost 10 years now, and recently was put on bench (but with basic salary pay) due to cessation of client for my senior role. It's now nearing 6 months on bench-- will the company be required to get me a new role by the end of the 6th months or can they legally keep me indefinitely with pay? On the other hand, when will they be legally compelled to let me go and pay separation pay instead for redundancy?

Thanks in advance

council

council
Reclusion Perpetua

Mc2012 wrote:Hi!

I have been working at a multinational IT company for almost 10 years now, and recently was put on bench (but with basic salary pay) due to cessation of client for my senior role. It's now nearing 6 months on bench-- will the company be required to get me a new role by the end of the 6th months or can they legally keep me indefinitely with pay? On the other hand, when will they be legally compelled to let me go and pay separation pay instead for redundancy?

Thanks in advance

By the 6th month, it may be cheaper for the company to let you go and give separation pay than to keep you on that payroll for longer.

http://www.councilviews.com

Mc2012


Arresto Menor

ah, so it is their prerogative if they want me to get paid while doing no work after the 6 months? but what if that is the time they choose to NOT pay me? can they do that? I mean after being paid for 6 months on bench, can they suddenly NOT pay me on the 7th month and not dismiss me, or are they now required to let me go with separation pay?

lukekyle


Reclusion Perpetua

under the law they can put you on floating status without pay for six months before they have to pay you separation pay if they still cannot find you assignment after six months.
medyo grey area yung situation mo kasi you were paid. technically they can keep you indefinitely as long as they pay your salary. so iin my opinion pwede ka pang ilagay sa floating status without pay for another six months.

Mc2012


Arresto Menor

The company pays for benches as an expense on the account-- take note that the account HAS NOT pulled out, rather only the role was pulled out. What do you think?

lukekyle


Reclusion Perpetua

yeah but your position has been removed by client, so your employer is entitled to put you on floating status.

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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » 6 months on bench-- with pay-- is company required to give me a role, else they let me leave the company and they pay separation pay?

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