Free Legal Advice Philippines
Would you like to react to this message? Create an account in a few clicks or log in to continue.
Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » separation pay

separation pay

3 posters

Go down  Message [Page 1 of 1]

1separation pay Empty separation pay Tue May 10, 2011 5:11 pm

godhunter08


Arresto Menor

Good day to all!
I am an employee of a recruitment company who specializes in providing manpower services (outsourcing) to other companies. For 2 years, I worked for one of their client companies who subsequently decided that I be employed on a regular basis (by the same client company). Question is, am I entitled to receive my separation pay from the recruitment company? The labor code does not specify absorption a just cause for the employee benefit.
Many thanks!

2separation pay Empty Re: separation pay Tue May 10, 2011 9:49 pm

sureshock2000


lawyer

you need to tender your resignation to the employment company so you can get your benefit if their policy say so. normally, as a regular employee of the employment agency, you can get whatever benefits they have.

3separation pay Empty Re: separation pay Wed May 11, 2011 12:34 am

attyLLL


moderator

how were you transferred to the client company? did they absorb your years of service with the former employer?

https://www.facebook.com/BPOEmployeeAdvocate/

4separation pay Empty Re: separation pay Wed May 11, 2011 10:06 am

godhunter08


Arresto Menor

The service agreement of the recruitment company (company A) with the client company (company B) expired last March 31. Company B advised Company A that they will no longer renew the service contract. Instead, they will employ me as their regular employee effective April 1. No resignation paper was tendered.

The years of my service with the former employer was not taken into account by the company B. The only benefits that was given to me were my 13th month pay which is pro-rated, leave credits, and tax rebates.

5separation pay Empty Re: separation pay Wed May 11, 2011 10:43 am

attyLLL


moderator

there was a termination of employment, and I believe you were entitled to separation pay, but more so because they did not make the process very clear. I assume they talked to you to determine if you were ok with it, and I'm sure you were eager to do so. Their mistake was not to ask for your resignation, but will it be fair to assume that you would have given it?

https://www.facebook.com/BPOEmployeeAdvocate/

6separation pay Empty Re: separation pay Wed May 11, 2011 11:06 am

godhunter08


Arresto Menor

Yes, I believe that the process of my transfer from Company A to Company B was not very clear except for the fact the Company B gave notice thru email and phone to Company A of such. Company A never asked for my resignation nor was it my intention to do so. However, Company A requested from me to sign some exit documents (e.g., clearance, release and quit claim, exit interview, tax refund & 13th month form)for my transfer to Company B. Is this tantamount to a resignation?

7separation pay Empty Re: separation pay Wed May 11, 2011 11:16 am

attyLLL


moderator

I would argue you agreed to terminate your employment so you can transfer to the other company which is tantamount to resignation.

you can try to demand separation pay and if they don't,your remedy is to file a complaint at the nlrc.

https://www.facebook.com/BPOEmployeeAdvocate/

8separation pay Empty Re: separation pay Wed May 11, 2011 11:27 am

godhunter08


Arresto Menor

Guess, I would have to clarify things first with my former employer on this matter. Will post further updates.

Thank you very much for the help.

Sponsored content



Back to top  Message [Page 1 of 1]

Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » separation pay

Permissions in this forum:
You cannot reply to topics in this forum