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Redundancy

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1Redundancy Empty Redundancy Mon Nov 06, 2017 5:46 pm

tauruspt915


Arresto Menor

Dear Atty , I am one of several employees who was severed by this company , justifying redundancy implementation due to business status. This happened last Year , October 2016. There is a clause in the separation letter the modes to implement redundancy , which includes performance and other probable justifications that can be applied. I am paid however with all dues necessary .  But I still want to know if the action made was accordingly , because I have an ethics complaint way back 2013 to the office headquarters in the US, citing irregularities in contract obligations in terms of assigning employee for training abroad where in fact it is used for paid for services thus bonding us during the duration. The Ethics team leader investigated and somehow acknowledge a shortcoming and said mine is an isolated case...  haven't heard a word after that then after 3 years I was part of the redundancy program... even if they hired new employees only a month or so before its execution, and continued to hire after the period...  if it is for performance, then why did I have my yearly increase which was a merit for performing the job successfully during the preceding years.

I also have complaints repeatedly in local HR, about the contracts that was done in bad faith... and there was no action since 2013... contracts like , giving us assignment letters abroad disguising as a training , whereas we are made to render services to risky locations like Oil and Gas without the proper working permit in overseas locations

2Redundancy Empty Re: Redundancy Mon Nov 06, 2017 10:45 pm

lukekyle


Reclusion Perpetua

as last long as they followed proper procedure it is almost impossible to question a redundancy program. they can justify it however they like, 1. business situation changed after a month. 2. business model required new employees with a particular skill set. etc.
the only way to contest it is to prove that you were singled out. ie maybe you were the most senior yet the newer employees were retained? or maybe you were the only one to be let go? did they give you 30 days notice? if you can get a witness that would say that they heard or read the managers singling you out that would help your case, if not, if you were paid correctly, just move on and find another job kasi even if you file a complaint which is almost impossible to win, after you’ve won the award would probably only be salary between termination and now. but you will still be out of a job

3Redundancy Empty Re: Redundancy Tue Nov 07, 2017 5:30 pm

tauruspt915


Arresto Menor

thAnk you LukeKyle, yes they served me a notice, one month in advance , but I was not anymore required to report for work.

They hired new employees after I was declared redundant, though there are also some other employees from other department who are also included for the redundancy.

I would like to cite retaliation as a motive. Will this be just a summary proceeding within NLRC , considering that there is no more connection between me and the employer ?

4Redundancy Empty Re: Redundancy Wed Nov 08, 2017 12:12 am

lukekyle


Reclusion Perpetua

very hard to prove yan. but if you can prove it the employer will need to pay you damages.
iba ang systema ng labor complaint. hindi paring courte. mediation muna. then the arbiter will be the one to hear and decide your case

5Redundancy Empty Re: Redundancy Sat Nov 11, 2017 8:40 am

arnoldventura


Reclusion Perpetua

Try reading this. Hope this helps you understand the nature of redundancy as an authorized cause for laying off employees. https://www.alburovillanueva.com/authorized-causes-termination-employment

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