During a discussion between employees affected and management, employees are told they could opt not to sign the resignation and stay with company A. The management promised to find a position suitable for us with company A if we decide to stay. However, since the job that we do is on a higher salary and skill level and requires special licensure which is no longer available with company A, there is a chance we will be placed on a job position with entry-level skill or worse, be in “floating status” or off-detailed. At this point, we are afraid of being placed on floating status with no pay and we feel like we are being coerced and left with no choice but to sign the resignation, letting them get away with the obligation of paying separation pay in the event we are entitled to it.
Concerns:
(1) Is it legal for them to make us sign a “voluntary resignation” which is obviously not voluntary in nature since it is their prerogative and it was them asking us to sign?
(2) did the circumstance trigger the concept of redundancy since our job positions are no longer available with company A?
(3) although the basic salary is retained, is being assigned on a lower skill level position a form of demotion which can lead to constructive dismissal?
(4) are we entitled to get paid while on floating status with company A since there is no suspension or cessation of business that occured?
(5) are probationary employees entitled to a separation pay/redundancy pay as well?
(6) is the employer violating any labor law with the said situation?
(7) given the scenario, what are our options and what would be the most strategic action available for us.
Please enlighten as we have limited knowledge of the labor laws applicable. Thank you in advance.