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Quit claim for selective employees

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1 Quit claim for selective employees on Sat Aug 13, 2016 8:36 pm

GOOD DAY. I would like to ask if quit claim for employees can be selective. It means only few chosen employees were given and those few who are actually of the same status as those who received, did not receive. The directors said it was out of gratis. Why is not given to everyone who qualified? Thank you.

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2 Re: Quit claim for selective employees on Sat Aug 13, 2016 11:33 pm

lukekyle


Reclusion Perpetua
quit claim is a piece of paper management makes employees sign to confirm that they have receive everything that is due them and releases the company from liability.
i think you mean something else

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3 Re: Quit claim for selective employees on Sun Aug 14, 2016 9:01 am

I meant the name of document is RELEASE WAIVER AND QUITCLAIM. The document stated some legal terms and conditions and the amount the employee received. It is some kind of separation pay.

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4 Re: Quit claim for selective employees on Sun Aug 14, 2016 11:02 am

council


Reclusion Perpetua
Depending on circumstances of leaving the company, not all employees are entitled to separation pay.

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5 Re: Quit claim for selective employees on Sun Aug 14, 2016 2:20 pm

We are all of the same status. Few received separation pay; three of us did not. Is that legal? So we have any legal basis to run after the employer?

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6 Re: Quit claim for selective employees on Sun Aug 14, 2016 4:09 pm

council


Reclusion Perpetua
Anything gratis is at the discretion of the giver.

If you were given what is actually due you based on the law, you may have no further course of action,

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7 Re: Quit claim for selective employees on Sun Aug 14, 2016 7:19 pm

Thank you for your explainations sir. So if the others were given out of gratis and we did not, what can I do? Should I just accept the fact that my employer did not have any gratitude on me considering my services rendered? I dont understand why I was not able to receive. In fact, I have outstanding ratings in my evaluation for the past 8 years. What can I possibly do to claim what ia due to me?

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8 Re: Quit claim for selective employees on Sun Aug 14, 2016 8:32 pm

council


Reclusion Perpetua
Sweet Mona Liza Boctot wrote:Thank you for your explainations sir. So if the others were given out of gratis and we did not, what can I do? Should I just accept the fact that my employer did not have any gratitude on me considering my services rendered? I dont understand why I was not able to receive. In fact, I have outstanding ratings in my evaluation for the past 8 years. What can I possibly do to claim what ia due to me?

Your employer may or may not have gratitude, but that is not the point.

He wants to give something to someone, and that is not against the law. Neither is not giving something to anyone else.

He did not promise to give you anything so he is not obliged to do so. If he wants to give away something then that is his option.

You can claim what is due you if it is a legally required payment. If it is not, then there is nothing you can do.

And eventually the question comes back - why do you know of such information? That is private between the employer and employee. Same as salary information - details of those should not be discussed between employees.

If someone asks you about money you receive, ano ang pakialam nila? Same with your situation - someone gets some additional money - it is not your concern.

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9 Re: Quit claim for selective employees on Sun Aug 14, 2016 9:22 pm

But is it not the document "RELEASE WAIVER AND QUITCLAIM" a legal document? I mean, if they intend to give an "amount" out of gratitude to few of their employees, why did they use such document? The content goes:

RELEASE WAIVER AND QUITCLAIM

KNOW ALL MEN BY THESE PRESENTS:

That I, __________________, Filipino, of legal age, a resident of __________________, and formerly employed with __________________, do by these presents acknowledge receipt of the sum of __________________, Philippine Currency, from _____________________ in full payment and final settlement of the (financial assistance or separation pay, overtime pay, salary or salaries, wage or wages, commutable sick and vacation leaves, gratutities or any kind of compensation or emoluments) due to me or which may be due to me from ____________________ under the law or under any existing agreement with respect thereto, as well as any and all claims of whatever kind and nature which I have or may have against ________________, arising from my employment with (and the termination of my employment with ______________________.

In consideration of said payment, I do hereby quitclaim, release, discharge and waive any and all actions of whatever nature, expected, real or apparent, which I may have against _______________, its directors, officers, employees, agents and clients by reason of or arising from my employment with the company. I will institute no action, whether civil, criminal, labor or administrative against _________________, its directors, officers, employees, agents and clients. Any and all actions which I may have commenced either solely in my name or jointly with others before any office, board, bureau, court, or tribunal against _________________, its directors, officers, employees, agents and clients are hereby deemed and considered voluntary withdrawn by me and I will no longer testify or continue to prosecute said action(s).

I declare that I have read this document and have fully understood its contents. I further declare that I voluntarily and willingly executed this Release, Waiver and Quitclaim with full knowledge of my rights under the law.


*******CAN THIS DOCUMENT BE USED IF THEY WANTED TO GIVE THEIR EMPLOYEES SEPARATION PAY OUT OF GRATIS?

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10 Re: Quit claim for selective employees on Mon Aug 15, 2016 7:07 am

council


Reclusion Perpetua
And your question is... what?

That is a generic / standard quitclaim form for employees leaving the company.

Separation pay is not a gratis (or gratuity) issue. It is a legally required payment to an employee.

Generally a quitclaim is a legal document to ensure that -

1. the employeR will not make any further claims against the employeE
2. the employeE will not make any further claims against the employeR



Last edited by council on Mon Aug 15, 2016 7:14 am; edited 1 time in total

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11 Re: Quit claim for selective employees on Mon Aug 15, 2016 7:13 am

council


Reclusion Perpetua
Let's go back to your original concern.

What (how much) did the others receive that you did not?

Did the breakdown mention any specific gratis (gratuity) amount?

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12 Re: Quit claim for selective employees on Mon Aug 15, 2016 12:23 pm

One actually received 45,000.00 sir. I did not receive any amount. There were three of us who did not receive. We were asking ourselves where did we go wrong during our stay. As a matter of fact, we had a higher position compared to few of those who received. Can the generic form "RELEASE WAIVER AND QUITCLAIM" be used as a document for giving an amount out of gratis? There are a lot of legal terms used in the document and one statement even said:
"I declare that I have read this document and have fully understood its contents. I further declare that I voluntarily and willingly executed this Release, Waiver and Quitclaim with full knowledge of my rights under the law."

With this situation sir, do we have any legal basis to run after our past employer?

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13 Re: Quit claim for selective employees on Mon Aug 15, 2016 12:25 pm

There was also no breakdown of specific amount from the gratis they've mentioned, sir.

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