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


Go down  Message [Page 1 of 1]


Arresto Menor
Dear Sir / Madam:

Good day!

I would like to inquire if a previous employer can still charge resigned employees of penalties / surcharges, even without due process?

I have been advised by a former co-employee –thru facebook messenger, that my previous employer's HRDO department will charge her SSS Maternity Reimbursement ( max. of 10 yrs to file) to me.

As a former Asst. to HRD Officer, I believe I have done all my part to secure reimbursement of said claims. However, it surprised me that they will still charge it all to me and will send me a letter for the said claims.

My resignation took effect on 13 Feb 2016. However, due to chicken pox.. which I got on Feb. 09, 2016.. I was not able to finish it.

After a week (since I feel a little well), I asked the HRD Officer, my immediate boss, if I can visit the office so I can continue my turnover to my successor..but instead, they ( the new staff citing it is very contagious) argued that the other co-employees inside the office might get it as well. Also, they requested me to surrender all the filing cabinet keys I have, which my father has duly turned over to them. Offices have cleared me except the Accounting, HRDO, Treasury and Inventory Departments pending for signing.

I begged them to let me enter even if after office hours, as it will not take time, maybe 3-4 hrs maximum is enough. Just so I can fully turnover some daily documents and give necessary verbal instructions.. because I really didn't expect I will get chicken pox.

So, my concern to finish the job is still for the company. I don't know why they have to react so much about it being so contagious..when, my physician (on specializing on communicable diseases in a private tertiary hospital) reassured me that only people in close contact on a daily basis can get the disease. I promised them I will not be staying for too long.. they just ask for assistance thru phone and text which I duly answer every time..but I told them it is hard. So, really insisted that I should come over and finish my turn over.

Also, within the week.. I tried entering the school premises to get my check from the Multi-Purpose Cooperative.. I learned that I was also banned from entering school.
I was really shocked why I had to be on hold at the gate. The guards told me that they need to get permission from the HRD officer before they can let me enter the school. Suddenly, I felt like a criminal.

I asked the hrd staff thru text why I cant enter the school? Because what I know is that I am just not allowed to enter the HRD office..because of my communicable disease. I further asked what if I need some school credentials (my employer is also my High School and College Alma Mater here in Cavite) and has nothing to do with HRD..will I also not be allowed to enter? will I still get my TOR / Certificates anytime?

They just replied to make me wait until the HRD Officer allowed me to pass. So, my ex-boss replied I can enter and go to the Coop. She further stated that we need to talk about my clearances..and wants me to wait..but before she said she will let me enter next week. I also asked assistance for my SSS Sickness reimbursement, so that at least I can have money for my medications.

Ironically, she wants me to finish my clearances but last Feb. 09..she told me I can forget about my clearances. Honestly, I feel so violated, hopeless, and confused. I am also scared to face her.

I sent a message to my ex-boss that I  need to report to work on my new employer on Feb. 09.. I told her that I just need to finish a FS deadline. But I will report on Feb. 10 and finish my turn over until Feb. 13, 2016. So, when she learned that.. she sent me that message.. that I can forget about my clearance. Later at night of 09 Feb 2016..the chicken pox started to show, and I informed them right on.

Is it rightful for an employer to charge former employees of penalties /surcharges without due process?

Recently this year, as well, the Accounting Department has charged me P26,000.00 for BIR 2316 Penalty ( late filing of BIR form 2316, CY2015)..without due process. I was asked to cite my side (why I should not shoulder the fine) on the matter thru a letter.. but I learned that the Accounting charged it to me. So, what I did was to ask for a budget-friendly salary deduction of such, before I left it is only around P17,000-19,000.00 I think.

I just really feel hopeless and I don’t know whom to ask for help. I have been in the company for 8 years..and yet I didn’t get any single peso..and ultimately, I am being charged of penalties / surcharges. This is really disheartening. I felt like..what’s the sense of my education..if I am treated this badly.

Two (2) HRD staff and a company driver went to our house on 02 June 2016..and asked about documents they need for the Philhealth– they said some official receipts are missing. I told her that my ex-boss and me…has cleared this issue to the School President. And I don’t know how the Official Receipts were missing. So, this is another problem for me. It seems..every time, they approach me..more and more problems are arising.

My successor, asked me to talk to my ex-boss.. but I told her that I’m afraid to enter the school again because they might induce me to sign documents that will  charge me of penalties / charges. My church mates also advised me to get help from DOLE first. I don’t feel safe entering their office as well. I felt so much humiliated already.

Please advise me.

I’ve been losing sleep because of this matter. I’m afraid for my health as well..because currently, I am unemployed. I just resigned from my job last 15 May 2016– since, I can’t concentrate due to the problems my former employer has been inflicting on me.

I hope you can help me. Thank you for reading my query.

View user profile

Back to top  Message [Page 1 of 1]

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