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Not rendering 30 days: No clearance, No backpay

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aprilr


Arresto Menor
Please enlighten me. I gave my resignation yesterday(Oct 17) effective 1 week forward-last day is Oct 25 due to personal reasons.
The HR manager talked to me and said that if I do not render 30 days, I will not get clearance from the company (she said it's a company policy) and if I do not get cleared I won't be able to get my back pay. Can the company do it? How do I approach the company with this. I really can't render 30 days but I believe I have the right to get my hard earned money. Please help.

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lukekyle


Reclusion Perpetua
i would advice you to just render the 30 days.
1. You will be liable for damages if you do not. This is under the labor code.
2. In my opinion, last pay may be withheld pending clearance.

try to ask DOLE their hotline is 1349

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HrDude


Reclusion Perpetua
aprilr wrote:Please enlighten me. I gave my resignation yesterday(Oct 17) effective 1 week forward-last day is Oct 25 due to personal reasons.
The HR manager talked to me and said that if I do not render 30 days, I will not get clearance from the company (she said it's a company policy) and if I do not get cleared I won't be able to get my back pay. Can the company do it? How do I approach the company with this. I really can't render 30 days but I believe I have the right to get my hard earned money. Please help.

Even if this matter is in your policy, the company CANNOT absolutely hold your backpay. You have the right to process your clearance and your company has the duty to ascertain that you are cleared of all accountabilities. If there are accountabilities though, your company can hold your clearance TEMPORARILY.

Your company only has to hold your backpay on the condition that you are cleared. If they insist that you forfeit your backpay because you have not rendered the 30 day period, you may file a complaint.

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lukekyle


Reclusion Perpetua
yes ang problema in practice, the company will always say na its on process. They wont categorically say na its forfeited na

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HrDude


Reclusion Perpetua
Then these companies should bear the risk of complaints.

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lukekyle


Reclusion Perpetua
yeah and the penalty should the arbiter rule against them is just to give the backpay din. so no incentive for them to do so.

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HrDude


Reclusion Perpetua
Problem solved... backpay given.

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