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My Employer Hold my Clearance and Last Pay (2 periods) and 13month

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ajsiozon


Arresto Menor
Hi Sir/Mam,

Currently I'm having issue with my previous employer. I resigned to my previous employer last Oct and effective 30 days from my resignation (Nov 13 2012). During my remaining days i have turn-over my responilibilities smoothly while still doing my tasks.

After i have transfer my all responsibilities with my last 5 days remaining my superior (which has been the reason why I resigned because she doesnt treat her colleague right and have no respect) gave me a tasks.

At first she want me to finish a 24 working day tasks in my last 5 remaining days but I did not agree. My other colleague which has the higher position than her talk to me with regard to the negotiation of the tasks (which has been my counter-part for thats last project)

Below are the tasks needed to be Delivered on the agreement.

Summary:
1) Escalation Level Hierarchy Maintenance - accomplish by Nov. 9
2) OT (ESS only) - accomplish by Nov. 13

Details:
Escalation Level Hierarchy/OT ESS

1. Facility to set-up multi-level approvers for all Attendance-related ESS applications
2. Facility to set-up approvers based on the org hierarchy head
e.g. Division, Department, Section, Location, etc.
3. Facility to set-up Specific approver.
e.g. SL application - 1st level approver - Clinic
2nd Level - Immediate Head
3rd Level - Department Head
4. Should be based on Employee Classification or Job Grade
5. Facility to generate the report for the set-up / maintenance
6. Email notification should also be included in the set-up
7. Validations on duplicate entries on all set-up
8. Technical Documentation of the Module

I was able to delivered these tasks and i am confident that it is at least 98% working because I did a test on this project. Actually Just to finish it i needed to extend for 1 day so my last day at work is Nov. 14 2012.

I left then my clearance to the HR. Few days after, I follow up with the HR and they said the it was signed already by my manager. So i was expecting im already cleared. But after a week the HR Manger texted me and said that my Clearance has been hold (which means my salary and 13th month too) because my project failed to work.


So i emailed my previous IT manager and ask him why did he hold my clearance and this is the response (the response comes from my superior who made the testing):
--------------------------------------------------------------------------
1. Facility to set-up multi-level approvers for all Attendance-related ESS applications

– FAILED (the feature was limited only to Division, Department, Immediate Head, Clinic)

2. Facility to set-up approvers based on the org hierarchy head
e.g. Division, Department, Section, Location, etc.

–FAILED. Which module shall we set-up who will be the approvers per hierarchy?

3. Facility to set-up Specific approver. ---(is “Clinic” hardcoded?)
e.g. SL application - 1st level approver - Clinic
2nd Level - Immediate Head
3rd Level - Department Head


FAILED – assigned Specific Approver for Immediate Head/Department Head based on the design but application does not escalate to the assigned approver.

4. Should be based on Employee Classification or Job Grade
5. Facility to generate the report for the set-up / maintenance

– Where is the report located?

6. Email notification should also be included in the set-up

FAILED – email notifications don’t work.

7. Validations on duplicate entries on all set-up
8. Technical Documentation of the Module
---------------------------------------------------------------------------

I am sure that all findings above are working and i could make an explanations to this.
But what i'm afraid of is if you look at Item #1 the Tasks description somewhat is so broad.
They might say that... this is not what we have expected there might have been a facility to add new ___..., etc.. (What if they ask for more functionality that will conflict on the no. of days agreed on the project completion, meaning this would involved additional man days)

But practically speaking from the agreement above the number of days only involved is 5 days to complete this project.
And there have been no agreement also that the project should be tested.
Because if there is it should have been an addition man days.
1. Additional man days to wait on the result of their testing
2. and additional man days if there is something to fix

which has not been agreed from the above agreement.
They only gave me a very limited time to complete the project and they expect too much for it.

In this situation Sir/Mam what would be my right?
And if ever i file this as labor case what would be their penalty if i win? and what case should i file if ever?

regards,
Arvin

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itsmenow


Arresto Menor
Curious ako dito. Possible ba yun? kahit pa sabihin naten na yung project nga nya ay nagfail? possible ba na ihold ang clearance nya eh maayos naman syang nagpaalam. Isa pa, dba dapat ang 1 month notice is for turn over? Bakit parang pahabol na trabaho naman ata yun which is mukang alanganin naman dahil aalis ka na sa company.

hehe... up ko din po to.

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attyLLL


moderator
your remedy will be to file a money claim at nlrc.


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