Ive joined this forum due to my frustration with sykes,
I resigned last December and have submitted my clearance last January 10, 2014, Friday.
I was informed that I should be receiving my last pay within 1 - 2 months after submission of my clearance. I was also informed that I should be calling Union Bank to check if my last pay is already available. But its already March and Sykes nor the Bank is giving me update when will i receive my last pay. I am tired of calling the bank and Sykes Asia every for update, either they are answering your calls or wont give you an answer.
I have also research the Labor code of the Philippines for possible case/complaint to be filled to NLRC, I have read and check this Article.
Art. 103. Time of payment. Wages shall be paid at least once every two (2) weeks or twice a month at intervals not exceeding sixteen (16) days. If on account of force majeure or circumstances beyond the employer’s control, payment of wages on or within the time herein provided cannot be made, the employer shall pay the wages immediately after such force majeure or circumstances have ceased. No employer shall make payment with less frequency than once a month.
The payment of wages of employees engaged to perform a task which cannot be completed in two (2) weeks shall be subject to the following conditions, in the absence of a collective bargaining agreement or arbitration award:
1. That payments are made at intervals not exceeding sixteen (16) days, in proportion to the amount of work completed;
2. That final settlement is made upon completion of the work.
I am furthermore frustrated reading different comments from blogs about people who have the issue as I am, and where given answers such as " the LABor CODE is SILENT about the LAst PAY"
But after reading the Art. 103 of the Labor code of the Philippines, I have found out the Labor code is not Silent of the Last Pay, it is not even silent on the rights of the employee and the employer.
Since it is very clear that the labor code based on Art. 103 that THAT FINAL SETTLEMENT IS MADE UPON COMPLETION OF WORK.... No other option, its not silent about the last pay since it does not allow companies to delay payments of employees. it is just a lame excuse to say the law is silent, it is just it does not allow.