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backpay/separation pay

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1 backpay/separation pay on Mon Nov 30, 2015 11:30 pm

vince44


Arresto Menor
Good evening po.

There was this company local of cebu and has a sattelite office here in manila..I already resigned with this company a year ago. Until now hindi ko pa po narerecieve ang backpay ko kasama ang cash bond na binigay ko during pre employment process. Ang sabi ng previous manager ko, ichacharge sa makukuha ko ang mga penalties ng hawak ko na national supermarket. My question is: tama po ba na icharge nila sa akin ang mga penalties ng account na hawak ko before? (Charges are non deliveries,late deliveries etc. which is beyond my control)
Second is per labor policies or guidelines, on a maximum,gaano po ba dapat katagal bago ibigay ang backpay/separation ng isang empleyado?

Thank you.

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2 Re: backpay/separation pay on Tue Dec 01, 2015 3:10 pm

HrDude


Reclusion Perpetua
The law is silent with regard to the release of backpays. The law only requires 'reasonable time' for the employer to audit and compute the monies due the employee.

In my opinion, monetary penalties should be deducted to the backpays of the employee only if it has basis which is capable of pecuniary estimation. Meaning, those that can be computed. If not, the employer cannot deduct any amount to backpays.

In your case, if it can be proven that penalties are incurred through your shortcomings, these penalties CAN be deducted from your backpay. If such can't be computed, you they have no right to deduct the any amount but can recover the same from you through the filing of an appropriate legal action.

I suggest you file a complaint with the DOLE/NLRC kung matagal ng hindi ibinibigay sayo ang backpay mo para mapagusapan niyo agad ng employer mo.

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