Legal Question in Employment Law in Philippines

I was an employee of a company based in Dubai, so I was in Dubai for 3 years. Last 01 Nov 2011, I was indefinitely relocated to Philippines office under the same company. As per my employment contract, my employment with Philippines office will commence on 01 Nov 2011, or another date to be mutually agreed. However my services with the company from 05 Nov 2008 (my start date in Dubai) will be treated as continuous for the purposes of Company benefits and entitlements.

Now my employment is terminated effective 30 Sept 2012. My question then is this: "What will be my total length or years of service with my company now?"

As I understand, my employment contract (as quoted above) clearly states that my total length of service is 3 years and 11 months. However, our accountant believes otherwise. He is of the impression that my length of service is only 1 year since I started in Philippines last 01 Nov 2011.

Nowhere in the Labor Code can I find a definition of length of service, especially that I work in a multinational company with offices all over the world and that permanent relocation of employees is normal.

Please clarify. This is important for the computation of my Separation Pay.


Asked on 9/12/12, 9:37 pm

1 Answer from Attorneys
VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

Just follow what was agreed upon.

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Answered on 9/13/12, 5:31 am


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