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help please..

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1 help please.. on Wed Oct 30, 2013 1:49 pm


Arresto Menor
The company suffered great loss due to gross inefficiency on your part. May we emphasized the "DAMAGES"; In the event of termination of the Contract of Employment, whether falling under the just or authorized causes provided for by law, or when the employee fails to qualify as a regular employee in accordance with reasonable standards set forth and made known to the latter at the time of his/her engagement, such as, among others, productivity, attendance, punctuality, dependability, efficiency, initiative, educability, articulation, professionalism, and good attitude towards work and colleagues, the employer shall, in no way be made liable to pay to the employee, any remunerations owing him/her other than the portion of the unpaid salary due him/her.

Such damages shall be demanded of every employee upon demand when he willfully causes loss or injury to the company in the performance of his duties and responsibilities such as, but not limited to, violating the Zero Tolerance Policy imposed by the company. Attached is the soft copy of your dismissal document which you duly received and signed on your presence.

Notwithstanding any provisions to the contrary, the employer shall hold the employee liable for consequential damages for the negligence the company may have suffered on account of the latter’s dereliction of duty or on account of any conflict of interest the employee may have committed against the company, or when he has, in any manner, violated the Zero Tolerance Policy. In any event shall the employer be compelled to invoke the employment bond of Twenty Thousand Pesos (P 20, 000. 00) for probationary employees and Ten Thousand Pesos (P 10, 000.00) for regularly employed individuals to cover for any damages that the company may have against an employee guilty of the foregoing infractions.

In consideration, the company will not pursue filing any charges against you but to apply the employment bond to cover for the damages you have caused AND the company is not liable to pay any monetary amount in relations to back pay, taxes, etc. because of the gross inefficiency.

Hi! I'm a call center agent and our account is Lead Generation.. Sept. 4, 2013, management caught me manipulating my stats and I do admit that i did it intentionally.. My problem is that payday is on Sept. 5 but got terminated on Sept. 4.. so didn't get any salary at all.. Now, I texted my OM asking when can I get my back pay and based from his explanation i wont get any because it will be used as paymentbfor the employment bond instead of them filing a case. Question is Sept. 4 is on a "new cutoff" meaning previous cutoff shouldn't be affected at all right? what im saying is that the salary that I should've received on Sept. 5 should be given to me whole without any deductions and all that because we're already running on a new cutoff.. And can anyone explain this to me? "AND the company is not liable to pay any monetary amount in relations to back pay, taxes, etc. because of the gross inefficiency" - they havent even updated our SSS contributions and they're deducting it every pay.. My main concern is - Yes, i did something wrong but not giving me my salary from previous cutoff that was supposed to be given the following day? i think thats BS" and OM and owner of the company is both American Citizens..

Seriously need answers..

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2 Re: help please.. on Wed Oct 30, 2013 2:08 pm

Your employer should first have basis for claiming "damages". If there's none, you should get your final pay in full.

Under the law, it is illegal to withhold wages (see Art 116 of the Labor Code).

Better consult a lawyer to know the next steps and to consider if this is worth your time and money.

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3 Re: help please.. on Thu Oct 31, 2013 10:06 am


imo, manipulating statistics can be a terminable offense. while you are not obligated to admit wrongdoing, if they can prove it you can be terminated. while they are not authorized to impose a hold on salary without your written consent, consider if the punishment is not as bad as being terminated.

if you file a complaint at dole or nlrc, my guess is that they will initiate termination proceedings.

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