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Final Pay release for a voluntary separated employee?

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chopsuey8


Arresto Menor
Hi Atty,

I would like to seek your assistance in regards with my situation.

I resigned from a well known international bank Last April 17, 2012. Before that, I gave them 32 days of notice before my last day also, so, they also put a hold on my salary for April 1-17, (My last salary was on March 30).

Now, they provided me a check on June 8, however, I find it too small for me since April has a lot of holidays on it and the check only consist of my work salary from April 1-15 only instead of up to 17th.

Now, I still haven't got any response from them or at least any feedback on the status of it. I'm really frustrated with what's happening here and I really need that money to pay some dues.

My question is, is there a law that says on how many days should a voluntary separated employee get his "final pay"?

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attyLLL


moderator
you are entitled to be paid for the days that you actually worked or entitled to leave


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chopsuey8


Arresto Menor
attyLLL wrote:you are entitled to be paid for the days that you actually worked or entitled to leave

Yes attorney, tama ka dun! Kaso, is there a Law that says on how many days you should get this money from the day that you were separated from the company?

Maraming salamat po!

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attyLLL


moderator
unfortunately, there is no law or rule on this, afaik. so the standard is a 'reasonable' time which most companies have applied as 60 days


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papasilo


Arresto Menor
This topic is what im really looking for.

Hi Attorney,

Since that there is no rule regarding with the number of days on when can you get your final pay. How about if we actually agreed to a certain condition to finish some pending issue before my employer will gave my salary. Which I actually did and even the customer confirmed that the issue is fix but still my employer put a hold with salary.

And even now when I try to follow-up regarding with my salary. He just keep saying that he is busy or he told me that the customer might call again for follow up concerns.

Glad to find a forums just like this.

More power!

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Patok


Reclusion Perpetua
do you have that agreement in writing?

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attyLLL


moderator
papa, in that case, i believe the proper remedy will be to file a complaint at nlrc.


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papasilo


Arresto Menor
@Patok,

Wala po but we are exchanging emails together with customer that I supported.

@attorney

Okay po.. I'll try to contact him again po today because its already a week, still no confirmation from him that I can claim my salary.

Thank you po.

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Iamkingjoe


Arresto Menor
Hi atty,

I have the same concern with the sender regarding for my last pay in previous company. Since there is no law against withholding of the last pay but but it should be under "reasonable time". Yung sa akin po kasi mag 6 months napo from my last day of work in the company, even though constant yung communication ko with the HR pero puro petty reasons na po yung sinasabe nya. Is 6 months still under "reasonable time"?? Wala po bang nakasaad sa kung ilang days dapat ma release yung last pay??

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lukekyle


Reclusion Perpetua
may clearance ka na? walang nakasaad, six months is too long if meron ka nang clearance. pwede kang mag file ng complaint

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Patok


Reclusion Perpetua
go to Dole file for money claims

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dyosa_liwanag


Arresto Menor
Hi atty,

I have the same situation. As of writing, it has been 8 months since my last day. In my case, my back pay has been put on hold. The reason they gave is that I have to settle the charges incurred from the use of the company HMO beyond my date of resignation. Initially, at around 5months from last day, they advised me that the charges would be deducted from my last pay causing the initial delay because of recomputation. But recently, they informed me that I have to personally settle the amount before they continue the processing of my last pay.

I am currently unemployed. The amount they want me to settle is around 6k++. I have no means of producing that amount if not for my back pay.

What can I do about this. Thank you!

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lukekyle


Reclusion Perpetua
Ask them baka pwede mag sign ka nalang ng letter authorizing them to deduct said amount sa FINAL pay mo. wag mo kasing tawaging back pay baka kaya ayaw irelease

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dyosa_liwanag


Arresto Menor
According to them, hindi daw inapprove na ideduct na lang. Ininsist talaga nila na ako magaettle myself. Back pay is The term they use as well. Kasi ang alam ko kasama na dun lahat.

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lukekyle


Reclusion Perpetua
back pay is awarded if you are illegally dismissed and the court orders the employer to take you back or orders them tonpay for wages you would have gotten while you were illegally dismissed until day of judgement.

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dyosa_liwanag


Arresto Menor
Oh I see. I didnt know that. Im sorry. Going back, what can I do regarding my situation. The company insists that I personally settle the amount. They said that the request for deduction from final pay was dwas not approved

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