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quit claim and separation pay

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1 quit claim and separation pay on Mon Aug 06, 2012 3:07 pm

melaiq


Arresto Menor
good afternoon!

ask ko lang sana kung pwede pa ba makuha ang separation pay kahit na mapirmahan ang quit claim na nilagyin namin ng note na "separation pay not included"?

facts: nag close yung company last may 31, 2012 due to financial losses. ang dahilan ng company is that they don't have the obligation to pay the employees separation pay. we have received notice of retrenchment indicating that we are entitled for 15days equivalent salary multiplied by lenght of service. pumayag na kami sa ganung situation na mas mababa yung makukuha namin compared sa mga na laid off dati.

but will it be possible that despite the notice of retrenchment indicating the composition of the separation pay we may get a higher amount?

we already filed at NLRC for the release of separation pay, since the company is insisting that they won't release any separation pay for us.

thanks!
i really need answers on this.

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2 Re: quit claim and separation pay on Mon Aug 06, 2012 9:25 pm

attyLLL


moderator
you accepted the 15 days per year, signed quitclaims and then sued?

yes, you can get higher if the company cannot prove that it was truly in financial distress


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3 Re: quit claim and separation pay on Thu Aug 16, 2012 2:09 pm

melaiq


Arresto Menor
we have accepted the notice, but the company refused to release the separation pay, they said that they dont have any obligation to us.

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4 Re: quit claim and separation pay on Thu Aug 16, 2012 10:19 pm

attyLLL


moderator
then continue with your case at the nlrc


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