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DELAYED SALARY AND OTHER ENTITLEMENTS

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1 DELAYED SALARY AND OTHER ENTITLEMENTS on Wed Nov 24, 2010 12:50 am

mesmerized_040488


Arresto Menor
Good day!

Gusto ko lng po i-consult yung status ko.

I worked in an NGO from April 2010- October 2010. It is a project based employment. The project is extended but hndi na ako nagpatuloy pa sa pag extend ng contract dahil babalik ako sa pag-aaral ko sa graduate school.
So, end of contract ko is October, but hndi nila ako pinasweldo dahil after ko daw mag clerance hold pa daw.

Ok, na turn over ko na lahat ng pendings ko sa kanila, nkapag clerance na ako. then ang sabi sa payroll daw ng November ibibigay yung salary ko ng October (once a month nga lng pla ang sweldo dun) but ng mag check ako ng ATM wala pa din dumarating. Sabi ng supervisor ko sa text nya maghintay na lang daw ako mangutang muna ako ng para sa mga needs ko. Hindi ko alam ang dahilan bakit kelangan maghintay eh lumampas n sila sa date n sinabi nila.

I just want to clarify these things kung illegal ba yung ginagawa nila, kung illegal, what actions am I going to do? Aside from this may iba pa kase akong concern sa work na ito like too much over time sa work na wala naman additional pay, hndi ako na inform na may mawawala pala sa benefits ko ng lumipat ako from province to Manila sa work assignment, not giving the monthly allowance on time, too much hazard sa work like pagbibitbit ng malalaking halaga ng pera na walang kasamang security, doing work/ activities that is beyond the job description. yun lamang po at maraming salamat.

please advice me on this. thanks!

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2 Re: DELAYED SALARY AND OTHER ENTITLEMENTS on Thu Nov 25, 2010 10:13 am

attyLLL


moderator
delay in final pay is common, and unfortunately, there is no clear provision on the labor code regarding this. my rule of thumb is that it is still reasonable if termination pay is given within 30-60 days from submission of all clearance.

whether it is unlawful or not, the legal solution is to file a complaint at dole if the amount claimed is less than 5k or at the nlrc if more.


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3 Re: DELAYED SALARY AND OTHER ENTITLEMENTS on Thu Nov 25, 2010 12:56 pm

mesmerized_040488


Arresto Menor
how to file a complaint at dole?

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4 Re: DELAYED SALARY AND OTHER ENTITLEMENTS on Thu Nov 25, 2010 1:23 pm

attyLLL


moderator
you have to visit the nearest office, and they will ask you to fill up a form.

before this, you can also explore writing a letter to the company demanding release of your payment and add that their failure will constrain you to take legal action.


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5 Re: DELAYED SALARY AND OTHER ENTITLEMENTS on Thu Nov 25, 2010 1:35 pm

mesmerized_040488


Arresto Menor
can i send a letter through e-mail?

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6 Re: DELAYED SALARY AND OTHER ENTITLEMENTS on Thu Nov 25, 2010 4:12 pm

attyLLL


moderator
yes, that will be fine.


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