Temporary Lay Off

Dear Atty.

I am a call center agent and I have been identified as one of the affected employees due to our LOB (line of business closure)and was placed on a temporary lay off since Nov 21,2011.

Based from our labor code do I need to wait for 2 mos for re - profiling opportunities or after 30 days on a TLO without a new account I can request for my severance pay.

It is said on the memo that if I refuse to participate or fail to satisfy or comply with the requirements of the Recruitment team shall be deemed as an opportunity. What does it mean?

I really need your advice... Thank you!

so your account really closed? you are not being paid your salary? is the company still hiring?

yes atty. the company is still hiring and my previous account is already closed... There was already a position offered to me. I had the written exam and interview however it seems that I didnt pass the qualifications.

I no longer want to be re - profile.

if you resign, you will not be entitled to anything. if no assignment is given to you in 6 months, then you will be entitled to separation pay. or you can file a complaint for illegal dismissal and claim that there's no basis for the lay off because they are still hiring.

Follow up on this atty,
Same situation, Our program closed without a 30-day notice and we were put on bench. What the company plans to do is to transfer us to another program. Is it ok if we decline that offer and just ask for separation pay? Does redundancy apply here?

no, it is the company's prerogative whether they will deem you redundant.

Hello and good day po. Im seeking help on a temporary lay off din po. i was assigned on a technical support account since feb of 2011, bumaba daw po un volume ng workload nmin so what they did was make a list of people who had attendance issues and placed us on a tlo. I was given the notice feb 3 indicating that my tlo will start 1 month afater the notice. I checked with dole and found out that they filed it jan 30,2015 And ang sbi po skin ng dole rep eh wala daw po irregularities dun s pglagay s amin.

After a couple of weeks I learned na meron daw pong opening s office nmin for another technical support account and pioneer account sya. The job postins started march, na hindi manlang po inoffer sa amin n mga na tlo un postion. So I consulted with a pao stationed in nlrc and ang sbi po sa akin na pde daw po akong mgfilet ng complaint. Kso wala pong clear na info, like kung anong magiging grounds at kung ano un actual na ilalagay ko s complaint. Although we already have a scheduled dialogue this end of the month, im really scared ksi wala po akong matinonf nakuhang info dun s pao. So I guess my question po is:

A. Ano po ba ang tamang complaint na ilalagay ko. Is it illegal dismissal or unfair labor practice?
b. if they offered to re-instate me is it ok for me to reject the offer since obviously they do not want to have us back on the payroll despite being notified of the complaint.
C. kung matuloy man po sya na formal complaint is it ok na po na mghanap ako ng bagong trabaho or would that tantamount to a resignation pa rin.

Hope to hear from you soon. Thanks.

angelfiend wrote:Hello and good day po. Im seeking help on a temporary lay off din po. i was assigned on a technical support account since feb of 2011, bumaba daw po un volume ng workload nmin so what they did was make a list of people who had attendance issues and placed us on a tlo. I was given the notice feb 3 indicating that my tlo will start 1 month afater the notice. I checked with dole and found out that they filed it jan 30,2015 And ang sbi po skin ng dole rep eh wala daw po irregularities dun s pglagay s amin.

After a couple of weeks I learned na meron daw pong opening s office nmin for another technical support account and pioneer account sya. The job postins started march, na hindi manlang po inoffer sa amin n mga na tlo un postion. So I consulted with a pao stationed in nlrc and ang sbi po sa akin na pde daw po akong mgfilet ng complaint. Kso wala pong clear na info, like kung anong magiging grounds at kung ano un actual na ilalagay ko s complaint. Although we already have a scheduled dialogue this end of the month, im really scared ksi wala po akong matinonf nakuhang info dun s pao. So I guess my question po is:

A. Ano po ba ang tamang complaint na ilalagay ko. Is it illegal dismissal or unfair labor practice?
b. if they offered to re-instate me is it ok for me to reject the offer since obviously they do not want to have us back on the payroll despite being notified of the complaint.
C. kung matuloy man po sya na formal complaint is it ok na po na mghanap ako ng bagong trabaho or would that tantamount to a resignation pa rin.

Hope to hear from you soon. Thanks.

A. Hindi ka naman na-dismiss o pinaalis - you are still employed, so that doesn't count. Hindi rin pwedeng unfair labor practice since that is for those with unions only.

B. That would be in effect a resignation. You can always resign anytime by providing proper notice.

C. Eventually you wouldn't want to stay anymore when the result of the complaint comes out.

Thank you po s prompt reply.