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2316 and COE

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1 2316 and COE on Tue Nov 06, 2012 5:06 pm


Arresto Menor
Hello and good day.

I used to work for Ace Foods, Inc.(Ram Food Products, Inc.) as I.T. Manager from Nov. 2010 until i resigned effective Jul 8, 2012. I submitted the resignation letter Jun 8, 2012, to comply with the usual 30-days notice and was received by the H.R. Department. I was also informed that the Certificate of Employment, Clearance, Back pay and BIR 2316 for 2012 will be given after one month from my date of resignation. I transitioned the remaining tasks and projects to the person designated by the COO properly thereafter.

Last Aug. 8, 2012, i called Ace Foods and asked if i could get the above mentioned documents, i was told that this is being held by the Company COO (i reported directly to the COO during my time with Ace Foods). I was also informed that the COO is asking for an audit of all the Company's Application program codes to make sure that i did not leave any destructive codes that might jeopardize the operations of the Company, to set the record straight, I tried to set an appointment with the COO to meet with him and tell him that as an I.T. Manager, i didn't do any coding of any sorts, I just managed the I.T. department operations, so i found it discriminating and unnecessary to conduct the audit. i was never given an appointment and they proceeded with the audit, i was told this will take another month.

First week of Sep. 2012, i again followed up and i was told that the audit of the programs are already done, this time, i spoke with the Company's Comptroller, and she told me that she will personally talk to the COO and the documents should be ready by Oct. 31, 2012.

Last Oct. 31, 2012, i called Ace Foods again and sought the Comptroller, but she was on leave.

Today, Nov. 6, 2012, i called Ace Foods and was able to speak with the Comptroller, she told me she advise me to send them an email to follow-uo thing ulet. its been 4 months na po.

i have been very patient all throughout, but i already suffered consequences due to the delays in processing of the documents from them. i already signed a waiver provided by my current employer, regarding the BIR 2316 Certification, i now have to personally compute and file my 2012 Tax declaration next year.

With this, i seek your advice on how can i compel Ace Foods to release the documents,puede ba to at paano kea ?

Is withholding these documents legal on the part of Ace Foods (i am confident that there were no findings in the audit of the application programs as i did not do any coding) ?

Also, i am contemplating to go to the Labor office in Banawe, Quezon City to file something against Ace Foods, but not sure what to file.

Thanking you in advance for your invaluable feedback.

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2 Re: 2316 and COE on Wed Nov 07, 2012 9:55 am


Reclusion Perpetua
go to DOLE and file a complaint. Since you still have back pay.. you can use the SENA form.

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3 Re: 2316 and COE on Fri Nov 09, 2012 10:57 pm


make sure your inquiries are in writing.

unfortunately, there is no clear legal right to a clearance, but there is one for a bir 2316

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4 Re: 2316 and COE on Sat Nov 10, 2012 1:41 am


Arresto Menor
yes, i just did that by sending an email Nov. 6.

I will send anotheremail today.

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5 Re: 2316 and COE Today at 10:45 pm

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