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backpay and tax refund

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1 backpay and tax refund on Tue Jun 12, 2012 8:12 am

nelfadesireelapuz


Arresto Menor
Greetings!!!

nagtrabaho ako sa isang company as a probationary employee for 8 months.. nahire po ako nung september 22,2010, nagresign po ako at ang effectivity ng resignation ko ay nung june 24,2011. hindi po ako agad nakapagclearance dahil nag aral po ako ulit at ang layo ng main opis sa school ko.. ngaung may 2012 lag po ako nakapagclearance.. gusto ko lang pong itanong kung may makukuha po akong benefits such as 13 month pay at makukuha ko pa po ba ung tax refund kahit halos 1 year bago ako ngclerarance??


thank you

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2 Re: backpay and tax refund on Wed Jun 13, 2012 4:05 am

karl704


Prision Mayor
Go to your employer and try to get a clearance. You should still be entitled to your last salary, prorated 13th month, tax refunds if any, or sl/vl conversions.

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3 Re: backpay and tax refund on Fri Jun 22, 2012 5:19 pm

joem


Arresto Menor
Hello,

Scenario:
I resigned properly from my previous company and waiting for my last pay or back pay.

I have an existing personal loan from a specific bank and the deductions are made through my monthly salary with the company though it is not a company loan.

I got an email from the accounting manager saying that they will remit all my money to bank since I have an existing loan.

Question:

Can they remit all my money to the bank?

Are they violating the labor code if they do such thing?


I'll be the one who need to work with the bank and pay my monthly dues and not the company since it is a personal loan.


Thank you!!!!

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4 Re: backpay and tax refund on Fri Jun 22, 2012 6:27 pm

attyjoyce


Reclusion Perpetua
Hi Joem,

Did you sign a document in your personal loan that the monthly amortization shall be automatically deducted in your payroll account?

The accounting manager has no authority to remit all your money to the bank. He should not interfere with your personal loan from a specific bank.

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5 Re: backpay and tax refund on Fri Jun 22, 2012 7:01 pm

attyjoyce


Reclusion Perpetua
Hi nelfadesireelapuz,

Yes, you can still claim for your last pay, prorated 13 month pay and tax refund. Please take note that there is no prescriptive period in filing a clearance from your previous employer.

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6 Re: backpay and tax refund on Fri Jun 22, 2012 7:03 pm

wintersonata


Arresto Menor
attyjoyce wrote:Hi Joem,

Did you sign a document in your personal loan that the monthly amortization shall be automatically deducted in your payroll account?

The accounting manager has no authority to remit all your money to the bank. He should not interfere with your personal loan from a specific bank.

atty. is right... besides they wont be liable for anything in case na hind ika magbayad in short bakit sila makikialam sa loan mo.. eh loan mo nga yun.

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7 Re: backpay and tax refund on Mon Jun 25, 2012 9:01 pm

joem


Arresto Menor
wintersonata wrote:
attyjoyce wrote:Hi Joem,

Did you sign a document in your personal loan that the monthly amortization shall be automatically deducted in your payroll account?

The accounting manager has no authority to remit all your money to the bank. He should not interfere with your personal loan from a specific bank.

atty. is right... besides they wont be liable for anything in case na hind ika magbayad in short bakit sila makikialam sa loan mo.. eh loan mo nga yun.

Hi Atty,

Yes, I signed and allowed the company to deduct the monthly amortization through my payroll.

If they happen to remit all my money what is my next step?

Thank you!

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8 Re: backpay and tax refund on Tue Jun 26, 2012 11:40 am

attyjoyce


Reclusion Perpetua
Hi Joem,

Your next step is to ask for your clearance from the company and they will give you an accounting report of your last pay.

The usual practice is that if an employee resigned from a company, his last pay, prorated 13th month pay and tax refund if any, should be given to him upon signing his clearance from the company.

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9 Re: backpay and tax refund Today at 4:54 pm

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