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DAMAGES for AWOL

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1 DAMAGES for AWOL on Mon Sep 03, 2012 2:14 pm

dmd2012


Arresto Menor
Hello. In a recent company audit, external auditors suggested that we impose punitive measures for separation due AWOL (non-observance of 30 days exit policy), i.e. monetary penalty, non-payment of last pay which includes pro-rated 13th month pay, leaves conversion, tax refund, and non-release of certificates of employment and training. Are we violating any provision in the labor code if we do this? Thank you.

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2 Re: DAMAGES for AWOL on Mon Sep 03, 2012 7:17 pm

attyLLL


moderator
indeed the labor code allows collection of damages, but imo, i don't believe it's lawful to deduct it from salary. just be ready to defend your acts in nlrc if the employees file caes against you.


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3 Re: DAMAGES for AWOL on Wed Sep 05, 2012 11:02 am

dream123


Reclusion Temporal
how can i claim my ITR if i go on AWOL from my previous company and my new company is asking for it?

I was not able to process my clearance and my new employer did not know about it.

thanks.

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4 Re: DAMAGES for AWOL on Wed Sep 05, 2012 11:25 am

CaseLogic


Arresto Mayor
And that's is the problem when the employee is being irresponsible with their obligation to the company.
Ang epekto ikaw pa rin ang mappwersyo.

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5 Re: DAMAGES for AWOL on Wed Sep 05, 2012 8:35 pm

dream123


Reclusion Temporal
there are personal reasons behind it.

i hope a lawyer can answer my question...

how can i claim my ITR if i go on AWOL from my previous company and my new company is asking for it?

I was not able to process my clearance and my new employer did not know about it.

thanks.

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6 Re: DAMAGES for AWOL on Sat Sep 08, 2012 9:07 pm

attyLLL


moderator
if itr for last year, go to the bir try to get a certification that you were included in the alpha list and get a copy.


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7 Re: DAMAGES for AWOL on Sat Sep 08, 2012 9:35 pm

dream123


Reclusion Temporal
ITR for 2012 atty Sad

thanks.

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8 Re: DAMAGES for AWOL on Thu Sep 13, 2012 9:29 pm

attyLLL


moderator
tough luck. what you need is a bir 2316 from your previous employer. best you can do is make a request


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9 Re: DAMAGES for AWOL on Fri Sep 14, 2012 1:12 pm

dream123


Reclusion Temporal
what would be their right to hold it if ever? i was not able to secure a clearance from them bec they do not want to accept my immediate resignation... Sad

can i just secure one from BIR directly myself?

thanks

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10 Re: DAMAGES for AWOL on Sun Sep 16, 2012 8:56 pm

attyLLL


moderator
you can try to get copies of their alphalist submitted to the bir

an alternative is to show your payslips. try to show the amount of tax deducted and prove to your new employer that you are doing everything possible


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11 Re: DAMAGES for AWOL on Mon Sep 17, 2012 9:48 am

dream123


Reclusion Temporal
what do you mean by alphalist?

Can i just show mt latest payslip bec i do not keep all my payslips. anyway, tax are computed every payday, right atty?

thank you so much!

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12 Re: DAMAGES for AWOL on Sat Sep 22, 2012 5:46 pm

dream123


Reclusion Temporal
up

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13 Re: DAMAGES for AWOL on Tue Sep 25, 2012 6:32 pm

attyLLL


moderator
you can try if they will accept that.


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14 Re: DAMAGES for AWOL on Wed Sep 26, 2012 9:00 am

dream123


Reclusion Temporal
is it true that I may not provide an ITR anymore if I will start with my new company this October because it requires at least 6mos in a year for the employee to deduct tax from you? an I will only have 3mos (Oct, Nov and Dec 2012)

thanks.

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15 Re: DAMAGES for AWOL on Thu Sep 27, 2012 9:24 pm

attyLLL


moderator
you can try, but the real cut off is end of the year


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16 Re: DAMAGES for AWOL Today at 1:54 am

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