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

illegal dismissal/nonpayment of 13th month

Go down  Message [Page 1 of 1]

1 illegal dismissal/nonpayment of 13th month on Thu Feb 18, 2016 12:34 pm


Arresto Menor
I started working for a company last April 16, 2015. It was the happiest day of my career life. This is the greatest company that one could work for. I beamed with pride every time I was asked who I work for. I appreciated how the company "valued" the welfare of their employees-- or so I thought.

I was doing very well in training and I know my trainers could attest to that. I had no lates nor absences because I was really determined to give this great company my best and a good attendance would be the first testament to that. Until on June 8, 2015, the day our wave would be endorsed to nesting, my mother suffered a uremic attack and had gone into coma. I immediately informed my trainer who said she will inform my supervisor. Being the sole breadwiiner of the family, I didnt know which was a better decision. At that time, I just knew that I should make sure my mother would live or to say the least, wake up from coma. She woke up from coma after 3 weeks, stayed in the hospital for 25 days and was on dialysis twice a week for life.

I am the decisionmaker in the family and my presence was required in the hospital during critical times so I asked my supervisor if I could be excused on some days. I was told they were excused and "unpaid" and that's alright with me. I showed my superiors how dedicated I am to work... showing up even if I was so exhausted and stressed. My trainer even had to bring me to the clinic for nosebleeding. I was physically and emotionally breaking down. What was left was sheer determination but yes, I was aware that it can only sustain me as much.

September came and I was assigned to a new team. This new manager had no knowledge of my ordeal and didnt care to know. On September 13, I was refused entry by the guard because my left eye was red. I went to the clinic, was attended by the nurse and was told I'll be ok. The next day, my eye was red and swollen so I saw a doctor who told me I had scleritis. I went to the company clinic to have my medical certificate validated and the company doctor told me I had pterygium and would require an opthalmologists' clearance to work. I stayed home, took medication and waited for my red, swollen eye to heal so I can go back to work. I saw an opthalmologist on Sept. 21 and the medical certificate he gave stated: "No signs of conjunctivitis, no signs of pterygium. Fit to work". I immediately went to the office and again was denied entry because of red left eye. The nurse even had to disinfect the door knobs i held because I was infectious. So I sought a 2nd opinion and went to a prestigious eye clinic so the company would never question whatever diagnosis I will be given. I was told by the "prestigious" eye doctor that I have sore eyes and will be absent for a week. I was already absent since Sept 14 so this would make it 2 weeks. I went back to this doctor after a week for clearance and I was told to be absent for 3 more days for full recovery. I went to the office excitedly on October 1. Not only was I denied entry, the company doctor had to go to the entrance and attend to me at the hallway instead of staying inside the clinic. I called my manager and asked for help. I already have clearance but I was not allowed to work. He said he cant do anything. I just have to follow the doctor's orders. On October 5, my manager sent me a message to report to the office to work. I was very happy. After 3 weeks of unpaid absence, seen by 4 doctors with 3 different diagnoses, money spent on medicines--- I can finally go back to work! However, I was told by my manager to be in my station but not allowed to log in yet. So I just sat there waiting for him who arrived 30 minutes later. He asked me to go to the meeting room and there waiting for us was an HR Business Partner. She started by saying that my manager will discuss my evaluation. I was told that I did not meet expectation and it was more of my attendance issues that affected my performance. I got confused of course. I didnt know that "AUTHORIZED" absences will affect performance but nevertheless I kept an open mind and looked at things on the business side. I was told to report on October 5 to be TERMINATED. That's fine.. that's ok, I assured myself. Maybe this was not meant to be. Everything happens for a reason. I thought of all the positive remarks I could give myself. I had asked for one favor- please expedite my last pay because I am paying for my mother's dialysis and she could die if we miss a session. To make things lighter, I was told that they would expedite the processing of my last pay which normally would take 45 days. My last pay would just be a pro-rated 13th month pay, I was informed. Ok..I was left with no choice but leave the office with a broken heart and little hope.

A breadwinner who lost a job... that was really tough. My mother died on October 24 after missing 3 consecutive dialysis sessions. I had no money and no means to sustain it.

On November 4, I received a letter from my employer that my last paycheck is available. I went to the office on Nov 6 because the letter stated that I can only claim it on a Friday. I waited for 2 hours. The HR lady who attended to me was friendly. She asked me how much I expected to receive. I replied that I dont know. She said, "it's good that you did not expect anything. Your last pay is (drumroll) Php 112.00. I was shocked. She explained that my 13th month and tax refund all went to used leave credits. She asked me to sign, I didnt because I refuse to accept the check. She told me to contact my manager so rectification can be done. I contacted my manager and he replied with "I dont know why HR asked you to contact me". That is unacceptable to me. I demand to be given my last pay.

When I was terminated last October 5, I just needed my last pay. But when my mother died and nobody in the company listened to my cries for help or better yet, my cries for my last pay, I needed more than you should give. I need justice. I dont know where I should go or who to ask it from. I am starting right now. I am asking YOU.

View user profile


Reclusion Perpetua
U were a trainee. Do u mean u were hired on a probationary period? If yes, u were not yet entitled to any leave. It's on a no work no pay basis. Well, unless of course your contract says otherwise. Your 13th month should be the total amount paid to you divided by 12.

View user profile

Back to top  Message [Page 1 of 1]

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