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Backpay Withheld by BPO Company that I have a pending NLRC Case with

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aisa1231


Arresto Menor
I just have a query. I filed a Labor case against the BPO Company I worked for almost 3 years due to Illegal Dismissal & Illegal Suspension. The case is still pending resolution. I have processed the clearance with the said company successfully. After I called their Total Rewards representative said that as per advise from their lawyer, they're not going to release my backpay. Also the said rep won't provide any documentation that they're holding my backpay as per their lawyers advise. I'm just wondering if it's legal for them to withhold my backwages even though I'm cleared w/ the Company. It's just that we have a pending Labor Case. I just want to know if it's right for them not to give me my backpay. Thank you so much for the assistance.

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jd888


moderator
You have a pending case with NLRC, that is the reason; You are not fully cleared as far as they are concerned.

As a general rule, an employee who has been dismissed for any of the just causes enumerated under Article 282 of the Labor Code is not entitled to a separation pay

x x x x

In exceptional cases, however, the Court has granted separation pay to a legally dismissed employee as an act of “social justice” or on “equitable grounds.” In both instances, it is required that the dismissal (1) was not for serious misconduct; and (2) did not reflect on the moral character of the employee
x x x x


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HR Adviser


Reclusion Perpetua
aisa1231

You backpay is withheld because you have a pending case. You should include you backpay in your computation for moral damages, back pay and other payable.


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aisa1231


Arresto Menor
so as long as there's no decision with the case that I filed I won't be able to get my back pay. My back pay is for the pro rated 13 month that I am entitled to as well as the remaining days I've worked for. Even though I was dismissed I think I'm still entitled to it

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attyLLL


moderator
aisa, when you filed the case, the gloves come off. can't expect them to play nice.


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