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TOPIC: Request for work-related legal advice

Request for work-related legal advice 1 year 1 month ago #17894

  • tina
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I would like to inquire for my brother. He worked in an international clothing company for more than 20 years as a supervisor. Last year, he was offered early retirement, but he was not interested in the package given. Then, January this year, his group was informed that the clothing line he is handling will be closed here in the Philippines because of its low sales. He and another colleague was informed that they will be transferred to a sister company come middle of February. It took effect, they were transferred to the sister company. His last salary as well as leave conversion were on hold for clearance purposes. He completed his clearance before his transfer in February but until now, these benefits are yet to be afforded him. His original company promised that transfer will take effect carrying with him is tenure, benefits as well as number of services. However, all these are verbal arrangements and nothing written.

When he started work in the sister company, he was given tenure and benefits but not the number of years of his service. Management in the sister company said that his more than 20 years of service in the other company is not carried over in their company. All these are also verbal information and nothing written. Until now, my brother has yet to receive his last pay and leave conversion. Also, the original company maintains that his number of service will be carried over by the sister company but not by the sister company.

Please advice us. Given his current situation, can he take legal actions? If yes, what specific legal action can be taken? Also, should the original company give him separation pay? Should he be given a new employment contract in the sister company? Thank you.
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Request for work-related legal advice 8 months 3 weeks ago #17917

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I reckon that the employment is still continuous in the sister company. Given so, there is no need for a separation pay yet and a new contract from the sister company. There was no termination of the employee-employer relationship so therefore, it is still existing.
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