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Holding of Clearance and Last Pay

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1 Holding of Clearance and Last Pay on Tue Sep 06, 2016 11:11 pm


Arresto Menor
Hello. in my previous company, part of my job description as an hr head is to ensure that we will be able to provide manpower to requesting departments. When I filed my resignation letter, my immediate sup told me that they might ask me to extend if I fail to fill out the vacant posts, which was ok with me. While I was rendering my 30 days, we tried to fill out the vacant post. We had applicants which unfortunately were not hired. Up until my last day at work, my sup did not talk to me about anything, did not talk to me about extending my stay just to fill out the vacant posts. A few days after this, i was informed that I cannot have my clearance yet since there were still vacant positions that needs to be filled out. Without clearance they will not give me my last pay coe and 2316.

My points here are:
1. They did not inform me ahead of time that they will not sign my clearance if I failed to fill out the vacant posts.
2. My sup did not even ask me to extend my days at work.
3. I am not connected with the company anymore so I cannot work for them and hire people for them.
4.we did look for applicants, unfortunately nobody passed and no one was hired. This is beyond my control.
5. May ibang employees naman na hindi din nagawa yung nasa job description nila pero naki-clear naman sila. For example yung sa accounting staff for receivables na hindi naman nakacollect ng payment sa customers pero naclear pa din at nakapag last pay.

Ang mga tanong ko po:
1. Tama ba ako na hindi nila dapat ihold ang pagkuha ko ng clearance sa kanila pati ng last pay ko?
2. What can I do about this situation?

Thank you.

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2 Re: Holding of Clearance and Last Pay on Wed Sep 07, 2016 5:41 am


Reclusion Perpetua
This is a clear scenario of "involuntary Servitude". Under this concept, one cannot force another to work against his/her will. Citizens are protected from it as stated by no less than the Philippine Constitution. There is/are no exception/s to this rule.

If you have already completed to render the suggested 30-day period, you are free to do anything. You employer, especially your superior/supervisor, cannot force you to work against your will. Let's say you failed to fill out the vacant position for 20 year. Does that mean you are still duty-bound to work work them?

File a DOLE complaint for the release of your clearance. If your supervisor demand you fill up the vacant positions, tell him/her that this is against the law and that he/she no has the power to control you as you are no longer connected with the company. The duty to fill out the position has been transferred to your supervisor/employer/reliever.

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