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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 10:48 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 7:48 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 on Tue Dec 27, 2016 2:02 pm

cadmium28


Arresto Menor
Sir what if naman po nagresign immediately ang empleyado. leaving behind many tasks hanging. ang letter of resignation nya ay effective immediately. ano naman po ang habol ng employer sa employee na nagpasa na lang ng resignation without 30day notice?

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8 Re: Back pay question on Tue Dec 27, 2016 2:32 pm

lukekyle


Reclusion Perpetua
employer can sue him for damages

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9 Re: Back pay question on Wed Dec 28, 2016 5:28 pm

workproblem


Arresto Menor
Hi to all,
Sir/Madam please help me with this. I am just confused if I am entitled for F.pay or S.pay. I was working under agency at admin in an amusement park owned by SM. My contract was 2 yrs but after 7 mos my boss told us that We have to turn over all the admin management to the new management of SM and we are advised immediately that on the same week will be our last day and we have to go back to our agency at Manila. after going back to agency they were giving us a new project which is far from my previous location with the same salary and if we were not going to accept the job. we have to voluntarily resign. please help me on what i was entitled for.

*I did not recieved early notice that our last day will be a few days to go.
*My last day on work was Oct. 3, 2016 and until now I didnt recieved my final pay or separation pay but they told me that the maximum time frame was only 2 months.
*I work from February 19-October 3, 2016 of same year.

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10 Re: Back pay question on Wed Jan 11, 2017 10:31 pm

Atty,

Yung asawa ko po kase is regular employee ng isanf fast food chain sa may Ortigas. Nagresign po sya nung January 5. Nagresign po immediately yung asawa ko kase di na nya kaya yung masasakit na salita na naririnig nya galing sa RM nila and a week before po sya magresign nagpaalam sya na magleleave sya kase may family gathering kame pero yung day na dapat leave nya binigyan padin sya ng schedule. No choice asawa ko kundi magresign na lang po kase priority nya family namin and di na nga po nya kaya yung ginagawa sa kanila ng manager nila. May isang araw pa po sya pinasok before sya magresign. Ask ko lang po may makukuha pa po ba dapat na back pay ang asawa ko o wala na? Salamat po.

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11 Re: Back pay question on Thu Jan 12, 2017 9:11 am

lukekyle


Reclusion Perpetua
meron dapat kang makuha na 1 day na final pay. Hindi back pay ang tawag dun. pero makuha mo yan after clearance. Normal wait time is around 60 days

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