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May back pay ba ang dismissal by just cause?

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1 May back pay ba ang dismissal by just cause? on Fri Jan 03, 2014 2:58 am

So I was issued an NTE due to browsing non-work related website (NBA.com  Laughing ) and to my surprise, ang first offense pala nito ay dismissal agad. Of course I checked our handbook on our company's internal website right away at totoo naman na yun nga ang punishment sa offense na ito. Nagkataon naman na nawala ko yung hard copy ng handbook namin kaya hindi ako sure if nagkaroon ng revision ng company policy. Gusto ko ma-compare yung hard copy at yung nasa website kasi sa website madali lang magpalit ng content. There is also the fact na may mga nahuli na rin in the past pero hanggang ngayon nagtratrabaho pa rin sa amin, so hindi ko alam kung iba ang punishment sa first offense dati o kung ni-magic at ni-retract yung infraction nila (baka may palakasan na nangyari lol  Rolling Eyes ). I find the punishment kinda harsh dahil dun sa handbook may mga mas matindi pang violations gaya ng buddy punching pero suspension lang yung first offense (silly, isn't it?  scratch ), samanatalang yung sa akin napaka-trivial lang at hindi ko naman totally na-neglect yung duty ko dahil na-meet ko yung metrics namin at maganda track record ko performance-wise.

Anyway, I will go through the protocol of submitting a written explanation within 5 days and then let them decide if disciplinary action will be given. If it comes down to dismissal, I guess it won't matter since I do intend to resign in the near future anyway, naging ahead of schedule nga lang kasi dapat sa March pa.  Laughing So to cut to the chase, balik tayo sa title ng thread ko....kung madi-dismiss ako, makukuha ko pa ba ang back pay ko? Sabi kasi ng iba walang back pay and valid dismissal dahil kasalanan naman daw nung employee yun, pero nanghihinayang kasi ako dahil halos isang buong cut-off na ang pinasukan ko at may mga holiday pay pa (Christmas Eve, New Year's Eve at Rizal Day).

Salamat sa oras niyo sa pagbabasa ng aking litanya at thanks in advance sa makakapagbigay ng consultation!  Smile

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HR Adviser


Reclusion Perpetua
Your back pay is for what? lacking salary?

If your terminated for just cause, you are entitle only of the ff:
last pay (including holiday pay)
pro-rated 13th month
tax refund (if any)

But i would agree that termination is really harsh not unless it was proven that you have done this several times already

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Thanks for answering my question! I really appreciate it.  Very Happy 

Ok, so if I understood it correctly, hindi back pay ang makukuha ko dahil hindi na kasama yung unused sick leaves na dapat converted to cash, but I will still get paid for the money earned for the days I worked for, right?

Well, this is the first offense so I was expecting a lighter sanction, and there is also the fact that previous offenders are still roaming free in the company and some are still doing the same violation (walang kadala-dala tsk tsk Evil or Very Mad ). But if the previous policy is different and there is a recent revision of the policy, then siguro malas lang talaga ako dahil inabot ako ng changes na kung saan dismissal agad ang first offense for this particular violation.

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HR Adviser


Reclusion Perpetua
Yes you can get the days you have worked for plus you VL but since VL and SL are pro-rated, i doubt if you have one.

I don't think they'd terminate you for that

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I'm kinda confused here, what exactly defines back pay and what should be included in it? What is the difference between the last pay of an employee who resigned (I'm assuming back pay and tawag sa last pay ng taong nag-resign) and an employee that got terminated for just cause?

Anyway I already submitted my written explanation, hopefully I will be pardoned for my violation considering that previous offenders got away with it. Sabi ng bisor ko a conference could be held to defend myself. But if worst comes to worst and a dismissal will be handed to me, can I resign instead and will the dismissal order be nullified?

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HR Adviser


Reclusion Perpetua
1. There's no legal definition for that but we commonly refer:
Back pay is unpaid previous salary. For instance, Minimum wage increase but since salary is automated, upgrade is not automatic. SO the differential given is back pay

Last Pay is your last unpaid salary. It is the one you ought to get after you furnished your clearance. It includes pro-rated 13th month
tax refund (if any)

But if your company terms your last pay as back pay, no problem with that

2. Difference between the last pay of resigned and terminated employee, is usually none not unless the company gives gratuity or separation pay. Resigned employees can get it but terminated employees don't

3. If worst occurs, you cannot force them to accept your resignation but if you want to contest it, you may file for grievance (If you have a union) or file SENA in DOLE

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gljhay


Arresto Menor
where can you find in the Philippine labor code, that terminated for just cause employees are entitle only of the ff:
last pay (including holiday pay)
pro-rated 13th month
tax refund (if any)

Thanks in advance

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council


Reclusion Perpetua
gljhay wrote:where can you find in the Philippine labor code, that  terminated for just cause employees are entitle only of the ff:
last pay (including holiday pay)
pro-rated 13th month
tax refund (if any)

Thanks in advance

None.

You are entitled to them because you worked for them, not just because you were terminated.

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ddzi00


Arresto Menor
Good day po! Smile

I would like to ask po. I was terminated due to just cause. AWOL kasi po ako for 2 weeks, they served NTE but I was not able to comply with it. I don't want to dig deeper for now with the reasons. I would like to know lang muna if am I still entitled for a prorated 13th month? Since from January to April 18 2014 ang work ko. But I was finally terminated May 5, 2014. But I was employed since August 8, 2013.

I'm on a hearing with DOLE right now for money claims regarding Night Differential, Legal Holiday pay, etc.. But DOLE mentioned that I won't be getting a separation pay which I understand since it's for just cause. And DOLE mentioned also that there will be no prorated 13th month even for some of my colleagues who resigned immediately without notice.

Please advise if we are still entitled for 13th month and if we can demand that on our next hearing at DOLE with the employer.

Thanks. More power! Smile

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