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She did not received pay back in her company.

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1 She did not received pay back in her company. on Tue Apr 14, 2015 3:47 pm

Bryan Cres Campos


Arresto Menor
My wife tendered her resignation last 2007 after she gave birth to our first baby. She resigned because she chose to be a mother and wife besides we already moved from manila to our town in surigao after giving birth and later on i was also reassigned from my work to my hometown (surigao). Prior to her resignation, she informed their finance officer of their company that her SSS loan balance amounting to P 3,000.00 will be offset from her back pay (if ever there was such back pay). In 2014, we checked her SSS account and we learned that her loan was not cut in fact it reached to 12, 500 from 3, 000 in 2007.

In November 2014, she then sent a letter addressed to her previous company thru e -mail asking for her back pay but their was no reply until today.

My question, is it possible to claim such back pay (or any claims) that my wife is entitled to?since she worked at that company for almost 4 years. Is their any legal remedy to this or is there company is answerable to this issue? What would be the best way to obligate her prev.company so that she can claim her back pay? Please be informed also that her prev. company is in makati city, metro manila and we are currently residing in agusan del sur. Thank you

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council


Reclusion Perpetua
Money claims can be made only within 3 years. So wala na syang makukuhang pera.

Baka wala na syang makukuha dati pa, kaya hindi rin nabawas ang SSS salary loan balance nya.

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Bryan Cres Campos


Arresto Menor
My wife tendered her resignation last 2007 after she gave birth to our first baby. She resigned because she chose to be a mother and wife besides we already moved from manila to our town in surigao after giving birth and later on i was also reassigned from my work to my hometown (surigao). Prior to her resignation, she informed their finance officer of their company that her SSS loan balance amounting to P 3,000.00 will be offset from her back pay (if ever there was such back pay). In 2014, we checked her SSS account and we learned that her loan was not cut in fact it reached to 12, 500 from 3, 000 in 2007.

In November 2014, she then sent a letter addressed to her previous company thru e -mail asking for her back pay but their was no reply until today.

My question, is it possible to claim such back pay (or any claims) that my wife is entitled to?since she worked at that company for almost 4 years. Is their any legal remedy to this or is there company is answerable to this issue? What would be the best way to obligate her prev.company so that she can claim her back pay? Please be informed further that her prev. company is in makati city, metro manila and we are currently residing in agusan del sur. Thank you

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council


Reclusion Perpetua
Didn't I answer this already yesterday?

Money claims can be made only within 3 years. So wala na syang makukuhang pera.

Baka wala na syang makukuha dati pa, kaya hindi rin nabawas ang SSS salary loan balance nya.

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Bryan Cres Campos


Arresto Menor
@ IANAL. TINLA.
Pwd ko bang malaman kung anong reference mo na until 3 yrs lang pwd makuha ang back pay so i can research it.para may basis ako na up to 3 yrs lang..di kasi nag reply ung HR nila sa letter ng mrs ko..sa goverment natin, pag may mag inquire or may letter ma riciv sa ofis nila dapat may reply na within 15 days (refer RA 6713)..i need kc their explanation para maka klaro di yung wla silang action..mahirap din mag speculate kung ano tlaga ang reason behind.

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Reclusion Perpetua
Bryan Cres Campos wrote:@ IANAL. TINLA.
Pwd ko bang malaman kung anong reference mo na until 3 yrs lang pwd makuha ang back pay so i can research it.para may basis ako na up to 3 yrs lang..di kasi nag reply ung HR nila sa letter ng mrs ko..sa goverment natin, pag may mag inquire or may letter ma riciv sa ofis nila dapat may reply na within 15 days (refer RA 6713)..i need kc their explanation para maka klaro di yung wla silang action..mahirap din mag speculate kung  ano tlaga ang reason behind.

Sorry, hindi IANAL. TINLA ang pangalan ko.

IANAL = I Am Not A Lawyer.
TINLA = This Is Not Legal Advice.

Anyway:

Article 291 of the Labor Code provides:

All money claims arising from employer-employee relations accruing from the effectivity of this Code shall be filed within three (3) years from the time the cause of action accrued, otherwise they shall be forever barred.

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Bryan Cres Campos


Arresto Menor
ok..salamat po..

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