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  1. Join Date
    Apr 2012
    Posts
    3,469
    #11
    Quote Originally Posted by Sebastian Bach View Post
    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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    NLRC kayo. Then find a competent lawyer

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  2. Join Date
    Jun 2015
    Posts
    267
    #12
    Quote Originally Posted by victorevolution View Post
    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.
    Thank you for the information. Its really helpful. Philippine Labor Rights & Law


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Philippine Labor Rights & Law