hi. goodday. hope there are people who could help me with my case. ill be very quick and concise with the case.

facts.

employee was a regular government employee since September 2008 to March 2010.

employee was "considered resigned" for he run in local elections may 2010 election. employee filed a courtesy resignation effective march 2010 since there was a ongoing debate in the supreme court and was finally decided last march 2010.

employee lost in the local election in may 2010.

there is a probationary ban for losing candidates for one year as stated in the omnibus election code.

employee was hired by the same company, as a CONTRACTOR last august2010, which there was no law violated since the laws states "APPOINTMENT".

the corporation released a Xmas_1 last september 2010. and states that "all regular employees shall be entitled provided they are on board/connected as of August 31, 2010".

grant of the xmas package to the regular employees is subjected to the length of service during the period of september 01, 2009 to august 31, 2010.

the amount of the package shall be xxx, subject to lenght of service during the period of september 01, 2009 to august 31, 2010.

the corporation also released released another XMAS_2 bonus last september 2010 and states that "all regular JOB ORDER CONTRACTORS who are on board/connected with the corporation as of AUGUST 31, 2010."

the amount for the job order contractors shall be xxxx, and subject to lengh of service during the period of september 01, 2009 to august 31, 2010.

there were no provisions in the guidelines whatsoever about resigned, reconnected employee.

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the question, given the facts above, is the employee entitled to XMAS_1 only? or XMAS_2 or XMAS_1 and XMAS_2 prorated amont.

i am researching over the net, and there are no provision whatsover that states that resignation equals to no benefits, only states resignation equals to no resignation pay. all laws are always in favor of the employee.

does anyone can give a legal opinion with regards to this matter?

thank you.

Labor Laws as we know are liberally construed in favor of labor. In the case at hand, as long as there are no express prohibitions that the employee should not receive the bonuses, then the employee should be entitled to it.

how about the part that says about RESIGNED? i talked a lawyer. they say i should not received any. but i was not familiar about specific laws or supreme court decision about the resignation and benefits.

the only thing i read is about when you are RESIGNED you are not entitled for a separation pay. and thats all. am i missing something?