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GRATUITY FOR SELECTED EMPLOYEES

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1 GRATUITY FOR SELECTED EMPLOYEES on Wed Aug 17, 2016 10:11 pm

I had worked for 8 years in a private school as a teacher and in my last year, as a subject coordinator. After resigning voluntarily, I have not received any amount as the school does not have a policy about separation pay or the like. After leaving, I've known that someone with the same status as mine received an amount out of gratuity or gratis. I have not received any. And that employee who received had actually worked for 6 years only. Actually, we were three who have not received any. Do we have the right to claim for ours? What are the legal basis that surrounds "gratuity pay"? Please explain. Thank you.

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2 Re: GRATUITY FOR SELECTED EMPLOYEES on Thu Aug 18, 2016 12:16 am

HrDude


Reclusion Perpetua
- Do we have the right to claim for ours?

NONE, like what you said, this is Gratuity. It came from the giver as a reward or on his/her own choice without anything in return.

- What are the legal basis that surrounds "gratuity pay"? Please explain.

NONE, the law is silent. As such, it is never demandable.

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3 Re: GRATUITY FOR SELECTED EMPLOYEES on Thu Aug 18, 2016 6:41 am

council


Reclusion Perpetua
Sweet Mona Liza Boctot wrote:I had worked for 8 years in a private school as a teacher and in my last year, as a subject coordinator. After resigning voluntarily, I have not received any amount as the school does not have a policy about separation pay or the like. After leaving, I've known that someone with the same status as mine received an amount out of gratuity or gratis. I have not received any. And that employee who received had actually worked for 6 years only. Actually, we were three who have not received any. Do we have the right to claim for ours? What are the legal basis that surrounds "gratuity pay"? Please explain. Thank you.

Somehow I already answered this in another post of yours.

Is there anything that was not clear with my explanation?

Did you not receive any legally-mandated payments outside of this gratuity issue?

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4 Re: GRATUITY FOR SELECTED EMPLOYEES on Sat Aug 20, 2016 1:19 pm

Can the document "RELEASE WAIVER AND QUITCLAIM" be used for the purpose of Gratuity pay?

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5 Re: GRATUITY FOR SELECTED EMPLOYEES on Sat Aug 20, 2016 4:01 pm

lukekyle


Reclusion Perpetua
yes, they can use it if they want

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6 Re: GRATUITY FOR SELECTED EMPLOYEES on Sat Aug 20, 2016 4:46 pm

But the content of the legal document does not mention about gratuity pay. How is that possible?

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7 Re: GRATUITY FOR SELECTED EMPLOYEES on Sat Aug 20, 2016 5:11 pm

council


Reclusion Perpetua
This is your quitclaim document as you said:

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.

See the text in BOLD above.

That covers any and all types of payments or gifts. And when someone signs that, it means that he is already waiving (or withdrawing, refusing) any other claim to any money from the giver.

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8 Re: GRATUITY FOR SELECTED EMPLOYEES on Sat Aug 20, 2016 5:15 pm

council


Reclusion Perpetua
Gratuity.

Parang tip sa restaurant.

Hindi pinipilit.

Binibigay lang kung gusto ng customer.

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9 Re: GRATUITY FOR SELECTED EMPLOYEES on Sat Aug 20, 2016 6:20 pm

Kawawa naman pala kaming hindi nabigyan sa dahilang hindi namin alam. Thank u po sa explainations. Godbless.

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10 Re: GRATUITY FOR SELECTED EMPLOYEES on Sat Aug 20, 2016 6:53 pm

council


Reclusion Perpetua
Sweet Mona Liza Boctot wrote:Kawawa naman pala kaming hindi nabigyan sa dahilang hindi namin alam. Thank u po sa explainations. Godbless.

Hindi nyo alam na ano - na meron sila yung iba wala?

Kahit alam nyo na binigyan ang iba ng "dagdag" or ng "regalo" hindi na dapat yan pinaguuusapan o kinaiinggitan dahil bigay lang yan.

Kung meron kayong kabayaran na dapat natanggap na hindi pa ninyo nakukuha, maari kayong magreklamo.

Pero kung ang kinasasama ng loob ninyo ay ang "gratuity" or regalo, o pabuya, hindi ninyo makukuha kahit saan pang korte kayo magreklamo.

Pag binigyan ba ang kapatid ninyo ng regalong P1000 ng ninong, magagalit ba kayo na hindi kayo nabigyan?

Kahit walang quitclaim, pwedeng magbigay ang sinuman ng kahit anong regalo, dahil gusto nya. Panigurado lang ang quitclaim para hindi na ulit humingi ng iba pang kabayaran dahil sa isang bigayan na iyon, nakuha na ng tao ang dapat ay para sa kanya.

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11 Re: GRATUITY FOR SELECTED EMPLOYEES on Sun Aug 21, 2016 1:56 pm

Ok lang po sana if 5,000 or less pero 45,000 po kasi ang binigay. Sino ba naman mo hindi makakareklamo niyan? Kami naman po lahat nagtrabaho ng mabuti at nag serbisyo ng maayos. Napakaunfair po. Iisa lang po ang "ninong" namin. Nagpalabait kaming lahat, sila lang nabigyan ng regalo, kami hindi.

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12 Re: GRATUITY FOR SELECTED EMPLOYEES on Sun Aug 21, 2016 3:07 pm

council


Reclusion Perpetua
Sweet Mona Liza Boctot wrote:Ok lang po sana if 5,000 or less pero 45,000 po kasi ang binigay. Sino ba naman mo hindi makakareklamo niyan? Kami naman po lahat nagtrabaho ng mabuti at nag serbisyo ng maayos. Napakaunfair po. Iisa lang po ang "ninong" namin. Nagpalabait kaming lahat, sila lang nabigyan ng regalo, kami hindi.

Sige para sa ikakapanatag ng kalooban mo, ireklamo mo ang kumpanya sa DOLE.

Sabihin mo na hindi ka nabigyan ng gratuity pero ang iba meron.

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