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Forced Resignation

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1 Forced Resignation on Sun Nov 02, 2014 3:43 pm

xz7zh


Arresto Menor
Hi,

I formally worked as an Account Executive in and advertising agency for 6 months (April 7 - September 30) until they decided to dismiss me. I was given 15 days to vacate which I did not mind given that I am provided with proper compensation. Upon computation of my last pay, I encountered the following problems:

1. They decided to charge me with tax for the whole month of October, even if my pay was worth only the first cut off. Is it legal for them to charge me tax without pay?

2. My leaves were charged, though my supervisor confirmed via verbatim that this wasn't supposed to happen. My contract also states that I entitled to such leaves but does not indicate if they are paid or not. Do I have the right to push for a paid leave?

3. My contract is considered "employment at will" and they are given the right to dismiss me with or without cause and I am not considered as a regular employee. Do I still have a case?

4. I was advised to take this to the NLRC, but I am not sure under which category I should be filing this case under, though it would be better if there is no legal action needed. Are there alternatives where I wouldnt be needing legal action and under which category should this be filed?

Thank you so much for the quick response. This is my first job and do not know how to react to this type of situation.

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2 Re: Forced Resignation on Sun Nov 02, 2014 6:15 pm

council


Reclusion Perpetua
Questions -

0. when did you actually leave the company (stopped working)?
1. how did you know that they taxed you for the whole month?
2. clarify - your leaves were charged, meaning?
3. Where do you work - company name (send via PM for privacy), physical location of office, nationality of company? Offhand, there is no "At will" employment in the PH. What does your contract state about this "at-will" clause?
4. discuss and answer the above before considering NLRC.

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3 Re: Forced Resignation on Sun Nov 02, 2014 7:33 pm

xz7zh


Arresto Menor
0. Stopped working on October 15. As commanded by my superiors.

1. I am due to pick up my last pay. The documents they asked me to sign stated the deductions from the original amount. Therefore, I saw the liquidation and even verified.

2. They promised me paid 5 sick leaves and vacation leaves, According to my supervisor. But upon checking the contract it doesnt state this. So, apart from the excess tax, they also subtracted the days which I scheduled a leave.

3. I will state here the text found in my contract and PM you the details. My contract states: "This agreement is an employment-at-will agreement. The Company may, at any time, with or without cause, discharge the employee by giving him/her a written notice of such discharge"

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4 Re: Forced Resignation on Sun Nov 02, 2014 7:39 pm

xz7zh


Arresto Menor
2. To further clarify, leaves charged were one sick leave and 2 vacation leaves

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5 Re: Forced Resignation on Mon Nov 03, 2014 3:52 am

council


Reclusion Perpetua
2. You might not be entitled to the leaves unless stated in the contract. The minimum states:

ART. 95. Right to service incentive leave. - (a) Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay.

3. You may file a case for illegal dismissal. The contract provision itself is void ab initio.

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6 Re: Forced Resignation on Mon Nov 03, 2014 9:06 am

xz7zh


Arresto Menor
1. What about the tax? is it legal for them to charge me a months worth of tax when I only worked with them 'til the last cut off?

2. Is that so? Thanks for this, then.

3. Any contacts for an attorney? I think I may need one.

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7 Re: Forced Resignation on Mon Nov 03, 2014 11:41 am

council


Reclusion Perpetua
xz7zh wrote:1. What about the tax? is it legal for them to charge me a months worth of tax when I only worked with them 'til the last cut off?

2. Is that so? Thanks for this, then.

3. Any contacts for an attorney? I think I may need one.

1. Ask for computation.

3. You won't need a lawyer yet when you file your complaint with DOLE/NLRC.

3. You may wish to add "illegal deductions" (of tax) to your complaint.

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8 Re: Forced Resignation on Tue Nov 04, 2014 10:08 am

attyLLL


moderator
and did you submit a resignation letter?


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9 Re: Forced Resignation Today at 12:32 pm

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