Is Compulsory Timed-Off (CTO) legal?

Dear Attorney,

I/we were placed by one of the call center in Ortigas to Compulsory Timed-Off (CTO)due to cessation of operations of one of its account/progam for 6 months and they are promising me of reinstatement within that period if there are available positions fit for us. It started last April 16, 2011 and will end in October 15, 2011.

They are placing us to CTO because they are foreseeing that their maybe/will maybe an available position that will fit for us within the six months period or else they will declared redundancy after the six months period if no job will be given to us.

The cessation of operations is stated in the Philippine Labor Law but not the CTO. Is it legal to place us on hold under the CTO?

We are assuming that they didn't want to pay us a separation pay instead they want us terminated.

They wanted us terminated and not paying any single cents to the years that we rendered because they knew that we cannot stand for 6 months without a job.
Placing us in CTO and promising a reinstatment is just sugar coating their plan of not paying a separation pay

Now it is happening that they are terminating me due to engaging with the same business nature and business activities because they are claiming that when I am in CTO, my employment status to theirs is still active employee and bound by company policies.

Yes, I admitted that I rendered services with the other employer of the same nature because I cannot withstand the 6 months CTO period.

Yes, I did not resign before working with the other company because the HRD director said that we can work with other company while on CTO (which undocumented) and because the fact that I am waiting for the redudancy pay if no work will be given to me?

Attorney, I need advice to counterattack their actions and what is my stand in fighting back? I want to get what is due to me and what is I know right to me

http://www.pinoylawyer.org/t5904-call-center-account-went-on-eol-end-of-life

http://www.pinoylawyer.org/t4917-floating-status-and-forced-leave

http://www.pinoylawyer.org/t4598-temporary-lay-off-ng-isang-napakagulang-na-kumpanya

unfortunately, there was a case decided that getting new employment during the six month suspension period constitutes termination of the employer-employee relationship. I don't agree with it, but that's how the supreme court decided in this case:

As clearly borne out by the records of this case, private respondents sought employment from other establishments even before the expiration of the six (6)-month period provided by law. As they admitted in their comment, all three of them applied for and were employed by another establishment after they received the notice from JPL. JPL did not terminate their employment; they themselves severed their relations with JPL. Thus, they are not entitled to separation pay.

http://sc.judiciary.gov.ph/jurisprudence/2005/jul2005/151966.htm

Thank you attorney for your fast response.

Ano po bang magandang gawin attorney? may habol po ba kami kung sakaling magfile kami ng complaint sa NLRC.

Actually Atty., we were misled and misinformed by the HRD Director (who resigned or has been terminated immediately after the effective date of our CTO) because she said that we can work in other company while we are on CTO or floating status and just make ourselves available if and when they send an invitation of meeting or reinstatement.





Pero this was undocumented

you can still file your case at nlrc, and maybe the company will settle by giving your separation pay. you can even question whether there was a valid suspension of operations, and raise the point that you were allowed to work by the HR manager.

Yes, attorney I will file a case in NLRC

And also one thing Attorney,

I've notice that all of the company policies were not signed by the approving parties. I questioned the HR officer about this and she answered that it is effective and implemented even not signed.

I guess, it's questionable because all policies should have been approved and signed and circulated throughout the company and with a signed-off sheet.

Note: The approving parties were no longer connected to the company and they did not provide an employee handbook of rules and policies and not indicated in the contract as far as I remember.

I lost my contract since after ondoy.

please need your help atty.

sorry, what is your question?

just go to nlrc in banawe ave. they will guide in you in filing a complaint. i recommend you choose reinstatement even if you don't want to go back.