Redundancy Rights

Question: I have read some topics where it is said that the company can put the employee on floating status for up to 6 months before giving out the redundancy. Is this true? paano naman expenses ng tao kapag 6 months kang hindi binabayaran?

I have been working as an applications consultant with my current company for 4 years already and when I got in I realized that the business intent registered in SEC does not cover IT applications support services. Lately lang nila inupdate. Ngayon, nagramp down na ang account namin and the one reporting to me has been redundated na after being on float for a month. Ako nalang ang extended by the client up to now.

My question is, since the company clearly has no same/similar position for me inside the organization, kasi hindi naman talaga normal yun position ko sa services they offer to the clients and it was only a one off na nagkamali sila dahil akala nila administrator (data entry) ang gagawin yun pala applications consultant, upon discharge by my client, can I demand redundancy to them as well as in right upfront without the need to wait for 6 months na obvious namang wala silang same position for me? I believe they plan to place me in a different company to work for (subsidiary nila abroad but not the actual company registered here in the philippines).

Thank you.

you cannot demand. its up to them.

Are you sure it is up to them? Is this the law? It is up to them to decide when (kahit obvious naman na wala ng ibang position for you) and they can decide to put you on floating status without any salary for up to 6 months???

yes, iam sure. Yes it is the law. kasi ang redundancy at kelangan i-file ng employer sa DOLE. If hindi sila nag file hindi ka magiging redundant. You may be entitled for separation pay pag ni terminate ka nila, pero if ikaw ang magterminate ng employer - employee relationship wala kang makukuha.

You can ask DOLE to ease your mind of your concerns. Maybe they can advise you on what to do

Thanks lukekyle for answering my concerns. Baka pwede mo ishare sakin kung saan nakalagay na article yun 6 months na floating as you mentioned na it is the law? Thanks again =)

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