Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

backpay/final pay

View previous topic View next topic Go down  Message [Page 1 of 1]

1 backpay/final pay on Wed Feb 17, 2016 8:21 am

sesegamay


Arresto Menor
hi po ask ko lng.. i've work sa isang bpo company for 3yrs. den nagdecide ako last jan11 na magresign. ung company kasi namin nagchange name from olink to flatworld. den mga 2yrs+ ako sa olink but need ako ireprofile so napunta ako sa account na handle under the new name which is the flatworld. by the way ung company namin name lng ung naiba.. same management pati line of business. nag eexist pa din naman ung olink pero ang dinAdala na nila na name is flatworld. ang tanong ko po..

tama ba na ung final pay ko is ung working year ko lng sa flatworld? a
pano ung years na under ako sa old name ng company namin?

ung nalipat kasi ako ng account under flatworld di naman ko pinagpasa ng resignation from olink. ble new contract lng na under na ako ng flatworld same employee status and benefits. tama po ba yun na ung marerecib ko lng is ung time na under ako ng flatworld?

thanks po sa makakasagot.

View user profile

2 Re: backpay/final pay on Wed Feb 17, 2016 9:23 am

technified_ex


Prision Correccional
As far as your concern, base on what you have narrated, your benefits should be counted from the time you have entered to olink. Olink and flatworld as far as corporation code is concern are the same company. bring your concerns to the NLRC, that is the proper forum for you

View user profile

3 Re: backpay/final pay on Wed Feb 17, 2016 9:59 am

council


Reclusion Perpetua
sesegamay wrote:hi po ask ko lng.. i've work sa isang bpo company for 3yrs. den nagdecide ako last jan11 na magresign. ung company kasi namin nagchange name from olink to flatworld. den mga 2yrs+ ako sa olink but need ako ireprofile so napunta ako sa account na handle under the new name which is the flatworld. by the way ung company namin name lng ung naiba.. same management pati line of business. nag eexist pa din naman ung olink pero ang dinAdala na nila na name is flatworld. ang tanong ko po..

tama ba na ung final pay ko is ung working year ko lng sa flatworld? a
pano ung years na under ako sa old name ng company namin?

ung nalipat kasi ako ng account under flatworld di naman ko pinagpasa ng resignation from olink. ble new contract lng na under na ako ng flatworld same employee status and benefits. tama po ba yun na ung marerecib ko lng is ung time na under ako ng flatworld?

thanks po sa makakasagot.

Hindi ka naman tinanggal from olink - nag-iba lang sila ng pangalan.

Final pay is composed of:

1. unpaid salaries
2. tax refund or adjustment
3. pro-rated 13th month pay
4. leave conversion (if any)

Unless merong retirement benefit that computes your benefit based on total years of service which includes olink, wala nang kinalaman ang dati mong trabaho.

View user profile http://www.councilviews.com

4 Re: backpay/final pay on Wed Feb 17, 2016 9:59 am

council


Reclusion Perpetua
technified_ex wrote:As far as your concern, base on what you have narrated, your benefits should be counted from the time you have entered to olink. Olink and flatworld as far as corporation code is concern are the same company. bring your concerns to the NLRC, that is the proper forum for you

what other benefits would be related to length of service?

View user profile http://www.councilviews.com

5 Re: backpay/final pay on Wed Feb 17, 2016 1:59 pm

xander02


Arresto Menor
sir/maam . may tanong lang po ako nag resign po ako last january 27,2016 i've waited 1 month to get may salary.. and may casbond po kami pero sabi ng hr namin after 3 months ko pa daw makukuha.

ask ko lang po . tama po ba na after 1 months ko nakuha ang last pay ko? at tama po ba na mag aantay ako ng 3 months para makuha ang cashbond ko?

salamat po sa rply sa concern ko.

View user profile

6 Re: backpay/final pay on Wed Feb 17, 2016 6:37 pm

council


Reclusion Perpetua
xander02 wrote:sir/maam . may tanong lang po ako nag resign po ako last january 27,2016 i've waited 1 month to get may salary.. and may casbond po kami pero sabi ng hr namin after 3 months ko pa daw makukuha.

ask ko lang po . tama po ba na after 1 months ko nakuha ang last pay ko? at tama po ba na mag aantay ako ng 3 months para makuha ang cashbond ko?

salamat po sa rply sa concern ko.

Yes, kung ganun ang patakaran.

Bigyan mo din ng panahon ang nagpapasahod para tingnan kung meron kang pagkakautang at ibang dapat i-compute.

View user profile http://www.councilviews.com

7 Re: backpay/final pay on Wed Feb 17, 2016 8:26 pm

Filia


Reclusion Perpetua
@sesegamay... Are you sure na nagchange lang ng name ang company or baka naman naibenta na. Kasi kung naibenta, kailangan pang mag-agree ang 2 companies kung i-aasumme ba din ng buyer comp ang obligations ni seller comp.

View user profile

8 Re: backpay/final pay on Thu Feb 18, 2016 11:12 am

technified_ex


Prision Correccional
"what other benefits would be related to length of service?"


im not that expert when it comes to labor laws, but i think, years of stay in the business means a lot to the employee. Like as to the separation pay in the future, seniority rights on promotions, company bonuses as to loyalty given to employees, and such other benefits and future laws that maybe be beneficial to the employee, and what you have just said, retirement benefits if any

View user profile

9 Re: backpay/final pay on Sun Mar 20, 2016 9:10 am

kdsoberano


Arresto Menor
Good morning. May question lang po ako regarding Unused SL and VL credits earned as part of Final Pay computation.

My company gives 15 days SL and 15 days VL to its regular employees per year. As per records from HR (which I have seen in line of my duties in Finance/Acctg Dept) ng computation ng final pay of previous resigned employees na nag-render ng service of less than 3yrs sa Company, kasama yung mga unused SL and VL nila from previous years dahil daw earned na nila ito.

However, nung nag-resign na ako and nakita ko ang computation ng final pay ko, hindi kasama ang unused SL and VL credits.

There is no change in the company practice or policy na sinabi ng HR before my resignation.

Pwede ko bang habulin yun? Hindi ko pa kinukuha check ko for final pay dahil gusto ko sanag i-dispute.

This is not an erroneous computation on their part. Hindi lang talaga nila gustong ibigay.

Am I discriminated in any way? Are they in bad faith for doing that?

Thanks in advance everyone.

View user profile

10 Re: backpay/final pay on Sun Mar 20, 2016 10:43 am

AlfredzJR


Arresto Menor
"kdsoberano"

Kailan ka nag resign and kailang ang date hired mo? Usually prorated nalang binibigay diyan. 15 days VL and 15 days SL pero ang SL di yan babayaran and VL lang. then pag nagkataon din na ang VL kaka refund lang from being unused, talagang di yan isasama sa computations. If isama man prorated lang din from date na nag 1 year ka from being hired or from dated na bingay ang refund.

15/12 = "what month of the year ka and what month from date given
ang refund ng VL"

View user profile

11 Re: backpay/final pay on Sun Mar 20, 2016 11:09 am

council


Reclusion Perpetua
kdsoberano wrote:Good morning. May question lang po ako regarding Unused SL and VL credits earned as part of Final Pay computation.

My company gives 15 days SL and 15 days VL to its regular employees per year. As per records from HR (which I have seen in line of my duties in Finance/Acctg Dept) ng computation ng final pay of previous resigned employees na nag-render ng service of less than 3yrs sa Company, kasama yung mga unused SL and VL nila from previous years dahil daw earned na nila ito.

However, nung nag-resign na ako and nakita ko ang computation ng final pay ko, hindi kasama ang unused SL and VL credits.

There is no change in the company practice or policy na sinabi ng HR before my resignation.

Pwede ko bang habulin yun? Hindi ko pa kinukuha check ko for final pay dahil gusto ko sanag i-dispute.

This is not an erroneous computation on their part. Hindi lang talaga nila gustong ibigay.

Am I discriminated in any way? Are they in bad faith for doing that?

Thanks in advance everyone.

You should ask them why the leaves are not included.

View user profile http://www.councilviews.com

12 Re: backpay/final pay on Mon Mar 21, 2016 9:23 am

kdsoberano


Arresto Menor
^ I already asked and their explanation was that they only include it in the final pay computation if the employee has rendered more than 5 years of service in the Company.

I was not satisfied with that answer since it was not stated in the employment contract (I mean the 5yrs clause).

And besides, for the years 2014 and 2015, there are several employees who resigned with only 1-2yrs of service rendered but their unused SL and VL was included in their final pay.

View user profile

13 Re: backpay/final pay on Mon Mar 21, 2016 9:28 am

kdsoberano


Arresto Menor
^^ AlfredzJR

I was hired January 2014 and resigned giving 30 days notice, my last day of work was last February 12, 2016.

For the year 2014, I have unused 10 days VL.
For the year 2015, I have 15 days VL and 13 days SL.

Sir ano po ibig sabihin ng if "VL ay kaka-refund lang from being unused"?

Thanks po for your patience.

View user profile

14 Re: backpay/final pay on Mon Mar 21, 2016 9:43 am

centro


Reclusion Perpetua
kdsoberano wrote:^^ AlfredzJR

I was hired January 2014 and resigned giving 30 days notice, my last day of work was last February 12, 2016.

For the year 2014, I have unused 10 days VL.
For the year 2015, I have 15 days VL and 13 days SL.

Sir ano po ibig sabihin ng if "VL ay kaka-refund lang from being unused"?

Thanks po for your patience.

It means you have been compensated for the VL unused. Check your payslip to validate.

View user profile

15 Re: backpay/final pay on Mon Mar 21, 2016 9:51 am

kdsoberano


Arresto Menor
^Thank you for that explanation.

I haven't been compensated for the unused SL or VL credits that I have earned for the previous years.

There's this Company policy of ours that they will only convert your unused SL (provided you're still employed in the company) after 3 years of service. The credit date is usually January of the following year where SL credits have been earned.

So my questions remain:

If I have not been compensated of my unused SL and VL that I have earned for the past years, can I dispute the computation of my Final pay?

If other resigned employees have been given that benefit( with the same years of service rendered as mine) of including in their final pay computation the unused SL and VL credits, but was not included in mine, is there a bad faith on their part?

Thanks.

View user profile

16 Re: backpay/final pay on Tue Mar 22, 2016 5:57 pm

jrd1014


Arresto Menor
Hello,

I worked previously sa isang BPO Company in Carmona, Cavite. After years of service, I decided to leave the company. I processed and finalized my clearance on Nov 27, 2015. The HR personnel mentioned to me verbally that my final pay will be released approximately within the last week of February 2016.

I followed up through email on the first week of March. This company has a remote Employee Helpdesk located in India in which you can only email to communicate with them. They said that my final pay is going to be endorsed to Finance for computation on March 15 and the turn-around time for my final pay to be released is 30 days from that date.

I followed up on March 15 as I was trying to ensure that my final pay has been "endorsed" to Finance. I did not receive a reply until today in which they mentioned that my final pay will this time be "endorsed' to Finance on April 15 and TAT is 30 days from that date. Needless to say that they are giving me the run-around. This is not a fly-by-night company. It is a very established BPO company that has footprint all over the Philippines.

What should I do?

View user profile

17 Re: backpay/final pay on Tue Mar 22, 2016 8:59 pm

iuryrui


Arresto Menor
just wanted to ask lang po..nagtatrabaho po ako sa flatworld in more than a year and i've got terminated last february at sinabi po nila na makukuha ko yung backpay ko this march tapos due to some reasons e gusto po nila e move sana ng march 29..hindi na po kami pumayag kaya nag issue sila ng cheque worth 2k+..tama po ba e2 na final pay ?

View user profile

18 Re: backpay/final pay on Wed Mar 23, 2016 4:03 am

council


Reclusion Perpetua
iuryrui wrote:just wanted to ask lang po..nagtatrabaho po ako sa flatworld in more than a year and i've got terminated last february at sinabi po nila na makukuha ko yung backpay ko this march tapos due to some reasons e gusto po nila e move sana ng march 29..hindi na po kami pumayag kaya nag issue sila ng cheque worth 2k+..tama po ba e2 na final pay ?

O, sinabi nilang "March" - ang March 29 ay kasama pa rin dun.

Bakit hindi kayo pumayag?

Minsan merong mga dahilan na kailangan i-urong ang pagbibigay ng backpay (walang pipirma, hindi pa tapos ang pag-compute, etc).

Dapat humingi kayo ng computation paano naabot yung 2k na halaga.

View user profile http://www.councilviews.com

19 Re: backpay/final pay on Thu Apr 21, 2016 5:01 pm

nicolette920


Arresto Menor
Dear sir/ma'am,

I tendered my resignation from Volkswagen Philippines last Dec. 21, 2015 and my last day at work was Jan. 15, 2016.

I have complied with all the requirements that my previous employer asked from me, and have turned over all my pending tasks properly. I have been following up on a regular basis with the HR department as well, but I keep getting answers that my previous direct supervisor does not want to sign my clearance for vague reasons.

So last March 23, 2016 I talked to my previous superior to clarify with her if I still have pending items and she informed me that she's the one who's been following up with the HR for my clearance, but the HR hasn't given any clearance documents.

It has been four months since I tendered my resignation and up to now, Volkswagen Philippines won't give me any clear answers. They won't even return my texts and calls. It's like they're holding on to my final pay just because they feel like it or out of personal vendetta. It's not even a big amount, but I'm sure you can understand that I am entitled to receive what I have worked for. All I want is to be treated fairly.

I know the Labor Code doesn't say anything about how long the final pay can be given, but can you please give me some advice?

Thank you so much.

View user profile

20 Re: backpay/final pay on Thu Apr 21, 2016 5:09 pm

council


Reclusion Perpetua
nicolette920 wrote:Dear sir/ma'am,

I tendered my resignation from Volkswagen Philippines last Dec. 21, 2015 and my last day at work was Jan. 15, 2016.

I have complied with all the requirements that my previous employer asked from me, and have turned over all my pending tasks properly. I have been following up on a regular basis with the HR department as well, but I keep getting answers that my previous direct supervisor does not want to sign my clearance for vague reasons.

So last March 23, 2016 I talked to my previous superior to clarify with her if I still have pending items and she informed me that she's the one who's been following up with the HR for my clearance, but the HR hasn't given any clearance documents.

It has been four months since I tendered my resignation and up to now, Volkswagen Philippines won't give me any clear answers. They won't even return my texts and calls. It's like they're holding on to my final pay just because they feel like it or out of personal vendetta. It's not even a big amount, but I'm sure you can understand that I am entitled to receive what I have worked for. All I want is to be treated fairly.

I know the Labor Code doesn't say anything about how long the final pay can be given, but can you please give me some advice?

Thank you so much.

File a complaint with DOLE for non-payment.

View user profile http://www.councilviews.com

21 Re: backpay/final pay on Thu Apr 21, 2016 5:22 pm

kdsoberano


Arresto Menor
@nicollete920

I have submitted legal inquiry via the DOLE online website and after 3 days they have replied. Part of the reply was this:

"Yes the company can withhold all monetary claims normally within 30 to 45 days
from date of clearance. If after that period and no action is taken in your
favor, you may rightfully file a complaint against it in our office."


I think 4 months is quite long. Go straight to NLRC office in Banawe, Quezon City and file a complaint.

View user profile

22 Re: backpay/final pay on Wed Apr 27, 2016 3:39 pm

Azia27


Arresto Menor
kapag end-of-contract po ba ay kaialngan pa di mag render ng 30 days notice?

View user profile

23 Re: backpay/final pay on Wed Apr 27, 2016 6:56 pm

HrDude


Reclusion Perpetua
Azia27 wrote:kapag end-of-contract po ba ay kaialngan pa di mag render ng 30 days notice?

HINDI, sa resignation lang yan applicable.

View user profile

24 Re: backpay/final pay on Fri May 06, 2016 12:10 am

mei04yann


Arresto Menor
Hi!, I'm also seeking for an advice about my last pay. Base from the computation they showed me it turned out that I'm negative and I even owe them. The totality of the salary we're getting includes our basic pay and performance incentives. All deductions are taken out from our incentives (absences, lates and other sanctions). It is stated in the contract/ rules and regulations that our basic salary is independent of any sanctions. Now that I already left from our company, the total points deductions I incurred exceeded my performance score which is the basis of our incentives. Since it exceeded they want me to pay the excess. But its not indicated in our contract that when someone leaves we have to pay the excess unless you're still with the company wherein they will carry it over for the next month's incentive. All I just wanted was to get my remaining basic pay as a compensation for all the work I did while I was rendering my resignation. But now, it turns out that I even have to pay them back.

View user profile

25 Re: backpay/final pay Today at 4:13 am

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum