Dell Pasay and Teleperformance Asset Purchase Agreement: Where I Stand?

Eversince that fateful 20th day of March when the employees of Dell International Services Philippines Inc-MOA were gathered in the break room to welcome some foreign dignitaries to announce the buy-out of the site, there had been an air of uncertainty and unrest inside the walls of the office. Different views have been aired out, some fatalistic, some optimistic. Some just merely accepted the fact that they are still lucky so much so as they still have a job and some just could not accept the fact that Dell has finally let go of one of the two sites (Pasay MOA and Eastwood City Libis) in the country in light of operating expense reduction due to reorganizations and some strategic initiatives.

I, personally, understand Dell's perspective regarding this matter and I am thankful that Dell did not just simply close its doors. Instead, they made an effort to find a company that would willingly purchase (through bidding of course) ALL its assets including human capital resources unlike any other company who closed that simply let go of the people after paying severance fees and the like leaving the employees without a choice. Yes, the severance fee may be well enough for a few good months of waiting for a new job but money is money and it could run off in the end. Keeping your job (same role, same salary, same office, same desk, same chair, same people you work with) is for me by far a better option. Change is inevitable especially in a very volatile economy.

Out of the more than 1200 active employees of Dell Pasay, only a fraction did not accept the offer of employment of Teleperformance Inc. And this fraction have brought their case up to the National Labor Relations Commission. The story is that initially we were given a job offer letter which is valid for 45 days upon receipt (document was dated March 19). Less than a hundred employees did not accept the offer and thus they were given their severance fees and their last pay. As part of the JO clause, the offer will be rendered null and void if the asset purchase agreement will not commence at the 46th day. Big day was supposed to be May 4. We were then issued another letter dated May 2, informing all those who accepted and signed the initial offer that the commencement of the purchase agreement will be extended for another 10 days because of some regulatory approvals and other activities that were supposed to be finalized. This incident paved way to a few disgruntled employees. This fueled some resignations.

These incidents made me question the process and all there is to it. At the end of the day, however, I reconciled upon myself that I still have my job and I'd rather keep it than insist on raising arms up to the point of suing the company which fed me for more than three years. I am indebted to the company for making me a better person, for training me to understand and deliver leadership, for making me a mature manager. As I see it, no one was retrenched, no one was unjustly relieved of their job. We were given an option to stay or go. If you stay, you get a retention payment payable after 90 days once the agreement is binding (May 8 plus 90 days) and if you go, you receive your severance pay. As the extension of the job offer letter happened before it was deemed null and void and if an employee already accepted it initially, I personally think that even if we don't apply the rules of law, those who did not sign the extension letter are not supposed to receive the severance pay anymore because their action is tantamount to leaving the new company already. As the extension was released before may 4, the original agreement was not withdrawn.

I may not be a Dell-badged employee anymore but the Soul of Dell that has been ingrained and inculcated in my mind which I have believed and espoused will forever remain. I will make this experience, no matter how difficult the adjustments I have to face are, as a learning avenue. If I quit, I have to find another company to work for. If I stay, Teleperformance will be here and they need my service and leadership. If this company has a reputation, I will wait until they do me wrong before I judge them.

Now, it's time to go back to work (my lunch is over).

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