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Clearance form not signed by department head

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1 Clearance form not signed by department head on Sat Sep 22, 2012 11:01 am

candace_ng


Arresto Menor
Hi! I'd like to know what steps can I do if a department head won't sign my clearance form due to pending deliverables. I was on maternity leave for 2 months but I was already replaced after a month of absence. There's still an open issue before I left but until now my replacement wasn't able to resolve and that's the main reason why I cannot be released by my boss even after I filed a resignation letter. They said I won't be cleared until the problem is resolved. Can they really hold my clearance for reason?

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attyLLL


moderator
try to help them resolve the issue. the legal remedy is to file a complaint at nlrc, but ultimately, as of now there is no legal obligation for an employer to issue a clearance.


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candace_ng


Arresto Menor
i had my clearance signed by other departments except from my own department which is why it cannot be forwarded to HR for final approval. my final pay cannot be processed as well because of this. is it a valid case in nlrc?

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alexisbantilan


Reclusion Perpetua
YES. it is valid one..clearances is not a legal mandate not to release final pay..File small claims at DOLE. you will signed a SENA form.

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candace_ng


Arresto Menor
alexisbantilan wrote:YES. it is valid one..clearances is not a legal mandate not to release final pay..File small claims at DOLE. you will signed a SENA form.

thank you alexis. because of your response, i have made up my mind to go to NLRC to file a complaint. honestly, i only wanted to get my final pay. however, i think it is just fair to ask for more because of the insults i received from them.

will go to NLRC within the week and let you know of any progress.

may god bless you always...

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candace_ng


Arresto Menor
oops, i meant DOLE instead of NLRC...

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