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is clearance mandatory before release of back pay?

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prettyhrofficer


Arresto Menor
i tendered my resignation last jul 25 effective aug 25....however my superior is very vocal that she will not sign my clearance...if this is the case can i still claim my backpay?the policy is that backpay will be released after finishing my clearance...really hope to receive feedback...

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prettyhrofficer


Arresto Menor
i am not after my clearance i am just after what is due to me as i served the 30 day notice...i even offered to extend my resignation because of some projects...however my boss seems to personalize my resignation as i was told that i dont need to extend and may effect my resignation the following day....can i file for money claims?

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alexisbantilan


Reclusion Perpetua
Yes sir, you can file a small claims at DOLE, just what I did. Just go to nearest DOLE office and you will complete a SENA form,in there you will all claims due to you, like 13th month payment, tax refunds, actual worked days left and even SL/VL if its convertible to cash.
Additionally, a clearance is not a legal requirement for resigned employees.

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attyLLL


moderator
focus first on putting your claims in writing to your HR. if they do not release it within 60 days, then you can file a complaint at nlrc.


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5 RELEASE OF BACK PAY on Tue Sep 04, 2012 1:09 pm

CaseLogic


Arresto Mayor
It is possible that the employer holds the resigned employees if she/awol?

This employee keeps on sending us an email saying that he is sick and needs rest.He was employed almost 6 months, but he resigned before his contract ends. He did not even comply his 30 days notice.
Wwhen he provides the medical certicate it was indicated there that he is FIT TO WORK AND WAS NO ADVISE FOR ANY LONG BED REST.

He was assigned in the operation and did not show up to the office for two months.

We sent him a letter requiring to report but he refused it.
Until we sent him again a notice of AWOL. And now he is claiming his 13th month pay.

Is it legal?

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attyLLL


moderator
entitlement to accrued 13th month pay is not waived


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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7 13th month on Mon Sep 10, 2012 5:06 pm

CaseLogic


Arresto Mayor
Kahit po awol sya?

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alexisbantilan


Reclusion Perpetua
mandatory benefits like 13th month pay has nothing to do if your employee goes AWOL.Its only that you are finding ways na w ayaw ibigay yung pera nya..ano kba HR?dapat alam mo yan..

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alexisbantilan


Reclusion Perpetua
mandatory benefits  like 13th month pay has nothing to do if your employee goes AWOL.Its only that you are finding ways na w ayaw ibigay yung pera nya..ano kba HR?dapat alam mo yan..

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