Illegal Termination

**earthlyken** · September 29th, 2015 11:15 PM

Hello Fellow tsikoters,

Quick question, recently our company (call center) are laying off employee (floating).

What is the rule apply for employee that are regular?

should the last in first out still apply?

What happen is that one of my friend had a talk with our HR personnel yesterday and saying her last day is on october 1 and the basis is their team csat score, which is in the first place not an issue with the account.

If we are going to calculate overall stats..it should be different person that is going to be float but since he's a basketball player of the account he got exempted from getting float.

She's planning to consult with DOLE about this case.

May laban ba siya for illegal dismissal?

**_Cathy_** · September 29th, 2015 11:41 PM

I am not sure how floating employees go about BUT I would suggest that your friends just let the case go. It's too much hassle to file a case in DOLE. Find a new and better job. That's the best revenge. I heard that the attrition rate at call centers are really high - so I would suppose it's easy to move companies.

**newtocar** · September 29th, 2015 11:41 PM

Sir may thread dito regarding Legal Problems, hanapin nyo po at mag post din kayo dun, mas madali makikita ng mga tsikoters na abogado ang concern nyo.

**unmarked** · September 30th, 2015 03:31 AM

I'm not 100% sure, pero ang floating sa pagkaka alam ko ay different from layoff.

Technically employed ka sa floating, wala ka nga lang sweldo. Pag naubos mo na VLs/PTOs mo, then wala kang matatanggap sa payslip.

Common sa bpo yan kasi may mga bpo nakalagay sa contract pag pull out client mo, tanggal ka na din.

May mga company naman bigyan ka sweldo habang floating. I aassign ka sa mga clerical jobs para makatulong kahit papano while they work out ing qualifications mo kung fit ka for positions na may opening. Pero may limit yun. Kung 3 months di ka makapasa sa hiring manager ng prospective department, pwedeng i let go ka na din.

**macsd** · September 30th, 2015 08:29 AM

Sa DOLE, they only protect the separation pay of the lay-off workers. Who get's to be cut or how it's going to be implemented is not their business AFAIK.

**111prez** · September 30th, 2015 09:10 AM

Best to consult a lawyer

Dami ng case law on illegal dismissal

Floating status can be considered as constructive dismissal under certain circumstances

Temporary lay-off is allowed but not for more than 6 months.

For valid dismissal, it should be in accordance with the grounds and procedures under the labor code

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Best to consult a lawyer

Dami ng case law on illegal dismissal

Floating status can be considered as constructive dismissal under certain circumstances

Temporary lay-off is allowed but not for more than 6 months.

For valid dismissal, it should be in accordance with the grounds and procedures under the labor code

**wowiesy** · September 30th, 2015 09:09 AM

depende yan sa contracts involved.. in a bpo setting.. each employee is hired for a specific client... if there is no client to assign you to... they can technically put you on floting status upto a maximum of 6 months before they have to decide to proceed with your employment, or let you go (in which case you are entitled to separation pay).. it will also depend on your contract with them, and what official communication has been done...

minsan kasi.. pag meeting lang at verbal.. if the HR is not careful and a bit loose on the words they use... nagkaka problem even though iba talaga ang intent.. dyan nagsisimula ang problem... but kung may formal notice ( say putting you on floating status... and ano ang possible scenarios after.. ) at least malinaw...

hwever kahit malabo.. dyan ka may advantage in a way... you can explore / exploit the vagueness in a way and use it to your advantage...

kng yung bpo where you work ay verbal lang ang ginawa na announcement.. mahihirapan sila idepensa mga kaso na sisingaw fr that... dapat ginawa nila naglabas n/ memo sabay kinausap mga tao...

**wowiesy** · September 30th, 2015 09:11 AM

in a different setting.. the first in last out rule is enforced.. pero di ako sure sa bpo setting... kasi whether nauna ka o nahuli.. ang main point kasi is total pullout ang client (total pullout nga ba? o baka nag scale down lang?)..

**dr. d** · September 30th, 2015 09:16 AM

as far as i know..
they may not "demote" you (i.e., diminished income) without a written notice. and that will only happen after an official investigation.
but you already know that..

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as far as i know..
they may not "demote" you (i.e., diminished income) without a written notice. and that will only happen after an official investigation.
but you already know that..

**yebo** · September 30th, 2015 09:48 AM

Sa abroad pag di gusto ng employer mo ang hilatsa ng mukha mo sisante ka. No such thing as seniority, merit, performance, loyalty, ekekekek. Basta pag di ka na nila needed out ka na. Ganun din naman sila sa iyo di ba, pag di mo na sila kailngan resign ka kasi may iba ka nang employer or sariling business. As if naman hindi nagdadalawang isip lumipat sa ibang employer ang mga call center agents pag mas malaki offer ng kabila ano.

Personnaly i don't think employers should be obligated to retain an employee they don't need nor want. As if naman people here provide the same "protections" for their kb or driver or hardinero. Pag ayaw mo na sa kanila pauwiin mo na e di ganun din dapat expect mo sa employer mo. So don't complain, roll with the punches like everybody else.