Philippine Labor Rights & Law

[Sebastian Bach]

I worked for a chinese POGO/IT company for almost 6 years. I was recently laid off due to REDUNDANCY (covid aftermath). We have signed the termination papers + the correct estimated separation package from the HR. Its kind of an immediate termination and told us na babayaran nalang yung 30days notice and no need na pumasok after the term paper. (Amount is included sa est separation pay)

Now, a week has passed, the company suddenly changed their mind and offered 3-months worth of separation pay and reasoned na “bankrupt” na daw sila. Which is opposed to the 6-months (6yrs of service), 13th month, VL and last salary. They told us that they would lawyer up.

We have the original copy of the signed termination paper. Nakapagpasa at nakakuha na kami ng authenticated Cert of Unemployment from DOLE. We have requested assistance from DOLE na and advised us na i-NLRC na yung issue.

Now I'm wondering and is there a chance ba na matalo kami dito? The labor law was clear as sky for the Redundancy and we have authenticated DOLE certification and signed termination papers na. Are they bluffing and may chance na hindi namin makuha ang separation pay?

Anybody experienced fighting this kind of battle? We need your advise please.


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[CVT]

What was the precedent bro, if there was one? And I see that you have the signed termination papers.

DOLE would almost always be on the side of the employees.... However, this is no ordinary times on both sides and could sway their decision.

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[dr. d]

but if the company has declared bankruptcy...

i suppose,
the aggrieved party or someone, will have to show that the company is not bankrupt as claimed.

[Sebastian Bach]

What was the precedent bro, if there was one? And I see that you have the signed termination papers.

DOLE would almost always be on the side of the employees.... However, this is no ordinary times on both sides and could sway their decision.

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None. They just informed us that our dev department will be dissolved. We accepted the immediate action since they’ll be paying for the 30days voluntarily. They’re the ones who even made the estimate amount / list. Some minor adjustments we have agreed after signing the term paper.

We’re extremely shocked when they decided to go dirty on us since they have a lot of illegal crap that they know we could spill. We’re just waiting for the mediation from NLRC to fail and bleed them dry if they decide to go to that path.


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[Sebastian Bach]

but if the company has declared bankruptcy...

i suppose,
the aggrieved party will have to prove that the company is not bankrupt as claimed.

Yes they needed to show us the financial statements and dole certificates for bankruptcy before we sign the papers. They reasoned out the “bankruptcy” a week after we signed the papers. As per youtube videos, bankruptcy = closure of their business. They’re still operating. They just downsized. We’re so happy that they declared it as Redundancy and not Retrenchment.


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[dr. d]

Yes they needed to show us the financial statements and dole certificates for bankruptcy before we sign the papers. They reasoned out the “bankruptcy” a week after we signed the papers. As per youtube videos, bankruptcy = closure of their business. They’re still operating. They just downsized. We’re so happy that they declared it as Redundancy and not Retrenchment.


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hah!
it would appear, they did not think it thru...

[Sebastian Bach]

hah!
it would appear, they did not think it thru...

It seems they’re impulsive on their decisions. NLRC is so freakin slow. Our lawyer can’t do anything yet w/o going thru NLRC. I just hope they’re bluffing since I have never seen a company “lawyer” sa office for 6 years.


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[victorevolution]

I worked for a chinese POGO/IT company for almost 6 years. I was recently laid off due to REDUNDANCY (covid aftermath). We have signed the termination papers + the correct estimated separation package from the HR. Its kind of an immediate termination and told us na babayaran nalang yung 30days notice and no need na pumasok after the term paper. (Amount is included sa est separation pay)

Now, a week has passed, the company suddenly changed their mind and offered 3-months worth of separation pay and reasoned na “bankrupt” na daw sila. Which is opposed to the 6-months (6yrs of service), 13th month, VL and last salary. They told us that they would lawyer up.

We have the original copy of the signed termination paper. Nakapagpasa at nakakuha na kami ng authenticated Cert of Unemployment from DOLE. We have requested assistance from DOLE na and advised us na i-NLRC na yung issue.

Now I'm wondering and is there a chance ba na matalo kami dito? The labor law was clear as sky for the Redundancy and we have authenticated DOLE certification and signed termination papers na. Are they bluffing and may chance na hindi namin makuha ang separation pay?

Anybody experienced fighting this kind of battle? We need your advise please.


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yes malaki chance mo na manalo ka.

nlrc parati nanalo diyan labor. mga 90 percent - minsan nga kahit super valid cause na ang pag tanggal sa labor eh, favorable pa din sa labor ang decision.

298 - full month pag redundancy, half month pag loss. - baka saka lang nila na realize ito.

what is loss- loss must be actual, and must be so severe.

di naman nalugi mga pogo, client ko mga yan.

sena- nlrc, first step
nlrc proper, labor arbiter, position paper, 2nd step.
nlrc for appeals etc., 3rd step
court of appeals, 4th step
supreme court 5th step

pre covid kaya ng two years yan- nlrc mabilis lang yan. hierarchy kasi ng kaso ay crim, labor and civil.

and fyi, dont mother cracking base your knowledge on youtube videos.

[CVT]

Yes they needed to show us the financial statements and dole certificates for bankruptcy before we sign the papers. They reasoned out the “bankruptcy” a week after we signed the papers. As per youtube videos, bankruptcy = closure of their business. They’re still operating. They just downsized. We’re so happy that they declared it as Redundancy and not Retrenchment.


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Good fighting points bro...

[111prez]

Matagal na laban ito

Plus, decision in labor cases are inconsistent.

May cases where one party has won the case with the Labor Arbiter, won with the NLRC, won at the CA, then only to lose in the SC

May cases din where one party lost at the Labor Arbiter, won at the NLRC, lost at the CA, then won at the SC.

In short, expect all parties, including yourself, to bring this up all the way to the SC unless one party accepts the decision.