Legal ba ang Forced Leave w/out Pay?

[ab_initio]

redundancy may be an authorized cause to severe or cut an employer-employee relationship, however, this is not left at the will of the employer, there are guidelines to follow and reportorial requirements to be submitted to the DOLE.

[ab_initio]

thnx sa mga opinions nyo mga sir...

ask ko lang, kung nagwork kayo for 10 yrs or more sa isang company tapos i forced leave ka instead na separation pay ok lang ba sa inyo?

Back to topic: legal daw ang forced leave w/o pay sa mga BPO companies

no. those working in the bpo companies are deemed regular employees after the probationary period of 6 mos. security of tenure attaches.

there are companies, that offer optional/early retirement package but not forced leave. it can't be done. it's dismissal in the guise of an exercise of management prerogative.

separation pay is only possible in case of termination of employment at the behest of employer or when an employee declared to be illegally dismissed and ordered reinstated but reinstatement is no longer possible because of strained relations. so in lieu of admitting the employee or allowing the employee to work again, separation pay is given.

[ab_initio]

regular employees naman sila sir, iniisip nga nila na isang paraan lang daw yun para magresign na lang sila, iwas separation pay nun ang employer.

if an employer creates an environment in the workplace which makes it too difficult for employees to endure and ee is left with no option but to resign, that is constructive dismissal, hence, illegal.

[ab_initio]

oo nga sir eh, kaso wala na daw sila interest kasi mapupunta din sa wala, kasi nung na acquire ang company nila ng isang bpo company dito sa atin, kahit na absorb sila ng bagong company walang binigay ang dating employer kahit ano, samantalang yung janitorial services nila ganun din nangyari, inacquire ng ibang company at inabsorb, meron silang natanggap na pay dun sa dating employer

baka hindi po clear ang facts. meron kasing instance in the life of a company wherein the entire enterprise is acquired by another co, meaning included and workforce. the new management becomes the employer. kasi kung di sila kukunin ng bagong management, separation pay must be paid due to closure of the enterprise by the selling co.

[working pinoy]

meron yan. forced is otherwise known as mandatory. during the legal holidays that an employee is not suffered to work, he is still paid-regular pay. but when the employer asks an employee to extend overtime service during legal holiday, he shall be paid an additional 100 percent. (i'll check my bible some other time, pag numbers and compute kasi, iniiwasan ko...dudugo ang ilong ko, unless kailangan talaga).

ab_initio, when you said "meron yan" -- you mean merong info about "forced leave" or "mandatory leave" sa Labor Code?
Puede paki-post naman yong link... Thank you very much

Hindi ko kasi talaga makita sa Labor Code at any other section sa site, kahit sa FAQs. di ba? tayo ay allocated ng 2 general kinds of leaves (of course aside from maternity leave or paternity leave):
sick leave
at vacation leave

Yong vacation leave allocation natin ay puede nilang i-forced leave?

Thanks in advance.

By the way, okay yong loading ng tsikot site ngayon ah. Nong first time ko to come here, parang ang bagal.

[ab_initio]

ab_initio, when you said "meron yan" -- you mean merong info about "forced leave" or "mandatory leave" sa Labor Code?
.

yep. it's a Labor Code provision, somewhere in between Sec 90 to 100. then there's the implementing rules that we can refer. i'll check my reference when i get home. m still in transit.

[ab_initio]

[QUOTE=working pinoy;1171411]
Hindi ko kasi talaga makita sa Labor Code at any other section sa site, kahit sa FAQs. di ba? tayo ay allocated ng 2 general kinds of leaves (of course aside from maternity leave or paternity leave):
sick leave
at vacation leave

Yong vacation leave allocation natin ay puede nilang i-forced leave?

WP, ang mandatory leave is a legal provision. with regards to vacation leave and sick leave, depending on the CBA (collective bargaining agreement). there is this school of thought that says that when a company or when in the CBA, there exists already this (at least) 5 day off privilege, the same may not be asked anymore as the CBA answers that already.

i am certain that this mandatory leave of 5 days is paid. you won't be forced to go on leave without pay.

NEXT POST KO IYONG LAW NA TALAGA. SENSYA NA. HAVE A MERRY CHRISTMAS PO. STAY HAPPY.

[CVT]

Kami sa office,- naka-forced leave starting tomorrow, until the first week of January....

7202:bruce_lee:

[ab_initio]

Kami sa office,- naka-forced leave starting tomorrow, until the first week of January....

7202:bruce_lee:

Sir CVT, ok lang basta paid kayo including those days declared as legal holidays...

enjoy your vacation!

[CVT]

Sir CVT, ok lang basta paid kayo including those days declared as legal holidays...

enjoy your vacation!

Sadly, part of the company's world-wide effort to conserve cash, because of the current world economic condition- kaya, sadly, no pay.......

7202:bruce_lee: