Termination vs Involuntary Resignation

Hi.. I just want to seek an advice about our current situation.

We are currently under agency for 2-3 years. We are a fixed-term employee and most of us have expired contract for a over a year ago.

Right now, they want us to be dismissed and be transferred to other company, so they referred us and we applied (this company is not our agency's client). Also, our agency is still not aware of this request to transfer. We haven't signed any contract yet.

Now, they are asking us to submit a resignation. My questions are:

- as we have an expired contract but still employed, can we consider ourselves as a regular employees?

- if we are regular employees, is it legal for them to ask us to resign?

- Or it's better for us to be dismissed for us to receive a separation pay?

Hope you can give us an advice to know the best thing to do.

Thank you soooo much!

1. if you continued to work after the contract expired then you are considered regular employees.
2. it is legal for them to ask you to resign but you don't need to resign
3. yes you will be entitled to separation pay

We are asked to sign a contract to the new company..

would it affect our stand if we signed or better if we remain in the company and wait for their dismissal and not to resign?

if you sign with a new company you can be terminated by your current employer. just to clarify, you are regular employees of your agency not the client

So it won't affect our desire for separation pay / termination or endo?

I just want to know what is the best thing to do. Tomorrow 9/21 is the scheduled signing of contract. PLEASE HEEELP..

who is asking you to resign... the agency or the "company"/client.

correct me if I'm wrong, when you said you applied to the "other" company not the client of the agency, is that a direct hire?

The reason could be that you are being hired directly by the "other" company so you need to resign from your current company "agency".

Yes, we are asked by our current company to apply to other company (direct hire). And now our agency is still unaware of this. Our current company is now asking us to resign which we do not agree. If we sign a new contract would it be going to be against us? Or it's fine and pursue the end of contract thing and receive a separation pay?

It is our client/company who asked us to resign and not our agency..

For end of contract, there is no separation pay. it is Final Pay only.

For the purpose of clear discussion, lets put it in this manner

Agency, where you are currently hired
Company A - where the agency assigned you to
Company B - where you are being asked to apply to, as direct hire.

The reason for Company A telling you to resign is maybe because Company B wanted to directly hire you already. since you're still an employee with the Agency, you cannot be hired, and the reason that Company A is telling you this and not telling the Agency is because if the Agency find out, they will charge Company A a finders fee.

This is only my opinion based on what I understood on your situation.

Thanks mikos23 and for all who replied to my concer.. actually, we have expired contract for over a year with our agency, so we considered ourselves as a regular employee. As company A, wants us to remove in the company, they offered the company B, which is not a client of our agency. We believe they are asking us to resign to avoid giving separation pay.

We havent signed yet as we are still waiting for a meeting with the company a and agency representative. We just want to be sure what are the dos and donts to avoid any issue against us..

Thank you guys!

You are not considered regular employees of company A, You are considered regular employees of the agency. This is unless you can prove that the company and the agency conspired/colluded to circumvent labor laws.
But if you have something in writing that company A is asking you to resign then that may be usd as proof that you are company A's employees

Yes, we are aware that we are only a regular employee of our Agency. And now we are seeking aasistance on what to do, since company A is asking us to resign, which we dont agree..

Hi, i am seeking for legal advice for our current situation. Our company is under of what you called"Umbrella company"..which we are hired under the name of company lets say *company A, and our real employer is *company B. Now the problem is this..Our company decided to establish its own company to separate with company A. Now we have not heard any formality regarding this transfer just after the rumors in the company had spread that some of the employee that they have talked, informed us that we'll have this kind of scenerio. That most of the employees will be re-hire but under probationary. Then me and other regular employee reacted that this is unacceptable, and this reaches upto the higher management then our ceo said that it shouldn't be that way and he ordered that all regular employee will retain their position and our tenure will not be change. But I think our admin manager and other head officers did not follow what was promised to us by our boss.
They asked us to resign to company A if we want to continue our service to them they said that our history in the company will be continue but some how it is not written in the new contract, so they answered us that it will only be an internal agreement and it is not stated that if we transfer to the new company we're still a regular employee, and it is also not stated that we're gonna be under probation again. But our worries are what if they want to terminate us in the new company we cannot appeal that they cannot terminate us because we are regular employees, unless with valid cause. Since it is not stated in the new contract. That is why we doubt to sign it.
What if we don't want to sign the contract for the new company. We don't need to resign right? and are we entittle to get sepation pay? because they said they won't give us any separation in case that we don't want to resign and not to sign the new contract.
Please help me to know what are better things to do we only have until Sept.25 to decide, to think that they just inform us last Sept.21.
Which we think that they also violated the due process and because we're not given enough time to decide. I also want to know what are the grounds of our employer because we feel like where demoted and we lost the seniority of our tenure.
can we raise our complain to labor? Please I need some advice what to do. Best regards!

Have you asked why they are asking you to resign?

also if you don't agree, then don't resign

Smiley2017 wrote:Yes, we are aware that we are only a regular employee of our Agency. And now we are seeking aasistance on what to do, since company A is asking us to resign, which we dont agree..

Medyo paikot ikot storya mo, hirap sundan.

Anywan

It is wrong for them to say that you won't get a separation pay if you don't resign. If you resign, then there is no separation pay but final pay only. separation pay includes 1 month or 1/2 month per year of service. Final pay does not have not. If you don't sign the new contract, you might find yourself without work, thus the company (or the umbrella company) must pay you separation pay.

Next, if the company will say that they will continue with your term of service, it should be in writing, otherwise it may be denied in the future.

Next, check your contract, it must specifically said that you are hired as a regular employee, if there is statement that you will be evaluated in ___ number of months, then you are hired under probationary period.

If you feel that what the admin and other manager is saying something different than what the CEO promised, then write a letter to your CEO and report it. make sure that you have a copy that was received by the office of the CEO.

Regarding new contract, I cannot really comment much because I do not know the content.

Hope this helps

Btw.. next time start your own Topic and don't add to an existing topic with active discussion.

kris..pena wrote:Hi, i am seeking for legal advice for our current situation. Our company is under of what you called"Umbrella company"..which we are hired under the name of company lets say *company A, and our real employer is *company B. Now the problem is this..Our company decided to establish its own company to separate with company A. Now we have not heard any formality regarding this transfer just after the rumors in the company had spread that some of the employee that they have talked, informed us that we'll have this kind of scenerio. That most of the employees will be re-hire but under probationary. Then me and other regular employee reacted that this is unacceptable, and this reaches upto the higher management then our ceo said that it shouldn't be that way and he ordered that all regular employee will retain their position and our tenure will not be change. But I think our admin manager and other head officers did not follow what was promised to us by our boss.
They asked us to resign to company A if we want to continue our service to them they said that our history in the company will be continue but some how it is not written in the new contract, so they answered us that it will only be an internal agreement and it is not stated that if we transfer to the new company we're still a regular employee, and it is also not stated that we're gonna be under probation again. But our worries are what if they want to terminate us in the new company we cannot appeal that they cannot terminate us because we are regular employees, unless with valid cause. Since it is not stated in the new contract. That is why we doubt to sign it.
What if we don't want to sign the contract for the new company. We don't need to resign right? and are we entittle to get sepation pay? because they said they won't give us any separation in case that we don't want to resign and not to sign the new contract.
Please help me to know what are better things to do we only have until Sept.25 to decide, to think that they just inform us last Sept.21.
Which we think that they also violated the due process and because we're not given enough time to decide. I also want to know what are the grounds of our employer because we feel like where demoted and we lost the seniority of our tenure.
can we raise our complain to labor? Please I need some advice what to do. Best regards!

Try reading this. It may help you understand better the concept of separation pay better. https://www.alburovillanueva.com/discipline-suspension-termination

Medyo paikot ikot storya mo, hirap sundan. Anywan It is wrong for them to say that you won't get a separation pay if you don't resign. If you resign, then there is no separation pay but final pay only. separation pay includes 1 month or 1/2 month per year of service. Final pay does not have not. If you don't sign the new contract, you might find yourself without work, thus the company (or the umbrella company) must pay you separation pay. Next, if the company will say that they will continue with your term of service, it should be in writing, otherwise it may be denied in the future. Next, check your contract, it must specifically said that you are hired as a regular employee, if there is statement that you will be evaluated in ___ number of months, then you are hired under probationary period. If you feel that what the admin and other manager is saying something different than what the CEO promised, then write a letter to your CEO and report it. make sure that you have a copy that was received by the office of the CEO. Regarding new contract, I cannot really comment much because I do not know the content. Hope this helps Btw.. next time start your own Topic and don't add to an existing topic with active discussion. wrote:

Thanks for the answer, sorry since i am first time here not yet familiar how to use it. I thought I created a new thread, but it appears in this active thread. I am really sorry. by the ways I will create my own thread for i still have further questions, regarding the contract.Thanks!

Hi,
I just want to seek advice regarding my resignation. I render 1 month resignation because wlang makakabantay sa babay ko at ang husband ko namn mag tratraining sya para ibang bansa. Unfortunately I was not able to work dahil wla mag babantay sa baby ko. Will I be terminated since nka sign ako ng Notice of Decision pra sa Final Warning ng absences ko? Hindi ba valid yung reason ng resignation ko? Meron paba akong makukuha na claims?

-NO, di ka pwedeng i-terminate by reason of Job Abandonment kung my resignation letter ka. Pero, kelangan mo mag-render ng 30 days or you might be liable for damages.

-Take note, no one can deny your resignation letter at ang rason mo ay HINDI VALID pra sa immediate resignation.

-OO, may makukuha kang claims. (Days worked, OTs kung meron, Incentives kung meron, pro rated 13th month pay, tax refunds kung meron, etc)