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Back pay question

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1 Back pay question on Wed Dec 01, 2010 9:42 pm

Bluey


Arresto Menor
In addition to my previous post, I would also like to know - Are AWOL (for whatever reason) and eventually terminated employees entitled to get their back pay?

I get this question a lot from other employees. I tried looking this up in the Labor code but I'm quite confused. I think I asked this question from HR peeps in our center, and I believe she said NO, meaning No back pay for AWOL-TERMINATED employees?
Is this really stipulated in the labor code?


Thank you,

BLUEY

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2 Re: Back pay question on Fri Dec 03, 2010 11:31 pm

attyLLL


moderator
they are entitled to get paid for days they actually worked. back pay is due if the nlrc decides you were illegally terminated.


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3 Additional question to Backpay... on Sat Dec 04, 2010 12:04 am

Bluey


Arresto Menor
Thanks. Additional question:

The employee was legally terminated, due to AWOL. As you said, that employee is still entitled to back pay, but what about 13th month pay and tax refund, is that due to the employee?

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4 Re: Back pay question on Mon Dec 06, 2010 4:51 pm

attyLLL


moderator
before we get confused, in labor law, back pay is a legally precise legal term referring to damages due to an employee after he is illegally dismissed.

if an employee is validly dismissed for abandonment, he is entitled to payment of days he actually worked, proportionate 13th month, tax refund. these cannot be withheld as a form of punishment.


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5 Re: Back pay question on Sat Nov 26, 2011 11:48 am

parecoi


Arresto Menor
To attyLL,

Is it legal to send the demand letter to the owner of the company? or would be better to send it to the human resources only? thanks..

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6 Re: Back pay question on Mon Nov 28, 2011 8:48 am

perudi


Arresto Menor
in light of the topic i had a question to our good lawyers, does the certificate of employment a company's prerogative?

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7 Re: Back pay question Today at 9:52 am

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