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termination and backpay issues

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1 termination and backpay issues on Wed Feb 15, 2012 4:31 am

emperorpalpatine


Arresto Menor
Ive been working on this specific BPO company for a year and a half (july 2010- nov 2, 2011). last july of 2011 we were moved to a new account since our last account was transfered in india. somewhere in october, ive commited a offence for no call no show for personal reasons without calling my supervisor, but i fully understand that this offence would be a 5 day suspension and i accepted it wholeheatedly. however in november 1 2011, the account was not sucessfull becouse we were not earning any revenues at all (a non-voice account) thus, they informed us that we will be moved to a new account, but the next day. they terminated me and my friend for the no call no show offence. i talked to the HR manager and she said that they only provide a 5 day suspension for humanitarian reasons like floods, their children being taken to the hospital and etc. i said that i know a lot of people in the company that already has a 5 day suspension and that i did not went to work on that day becouse "wala akong pamasahe" honestly. but they stay firm with their decision and terminated me.


just this febuary 10 2012, i got my backpay for that specific company and i was expecting that i would be paid by my: remaining 13th month, tex return, unused vacation leaves. which would garner an estimated ammount of 22+ thousand pesos, but when i was about to sign my claim form, my backpay is only 11,000 which would break down to my 13th month pay for 8,000 and some remaining prorated meal allowances. i spoke to an HR payroll and she said that they dont provide unused vl to people who are terminated.


please, i need all of this to be straightened up, i want to know if there is something wrong and if i need to to some action to get my justice. please also provide me the address of DOLE.


thank you so much for reading.

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2 Re: termination and backpay issues on Wed Feb 15, 2012 10:22 pm

attyLLL


moderator
it is my position that ncns, particularly only one instance, should not be a valid cause for termination. your remedy is to file a complaint at nlrc for illegal dismissal. contact me at attylllaw @ gmail.com if you need more info.


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3 additional info on Thu Feb 16, 2012 7:10 am

emperorpalpatine


Arresto Menor
this would not be my first instaces for ncns but as far as company policies concern or labor code (if there is one), sanctions should be as follows: written warning, final warning, 3 day suspension, 5 day suspension and termination. i was not given the opportunity for a 5 day suspension and terminated me right away, on the other hand, my coworkers were provided a 5 day suspension.

would this still be a case that i can file against my company, what about my final pay?, did they audit it properly accoriding to the labor code?

please help me straighten this out.

god speed

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4 Terminated but erroneosly paid on Mon Feb 20, 2012 12:17 pm

Khuno Abogacia


Arresto Menor
A friend of mine was terminated due to a just cause five months ago. The notice of termination was sent to his residence. However, two months ago, he recieved an advice from his previous employer that he has a separation check awaiting him. Though aware that he is not entitled to it per their company policy, he still and was able to claim the check.

However, after claiming the check he received an instruction from the company to return the check. According to the advice , there was an error in the processing and in records.

In case my friend cannot return the full amount anynore, can the company legally file a case against my friend? Have read some article that talks about "unjust enrichment". Is this applicable in his case?

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5 Re: termination and backpay issues on Thu Feb 23, 2012 10:31 pm

attyLLL


moderator
palapatine, don't base your complaint on the suspension issue if you were already terminated.

khuno, technically yes based on unjust enrichment.


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