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Previous Employer Problems

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1 Previous Employer Problems on Mon Jan 23, 2017 2:19 pm

jerickenano


Arresto Menor
Hi Ask ko lang if valid ba ang i fifile ko na complaint against my previous employer. They refuse to give me copies of my payslip including my back pay. from August 16 2016 to December 2016. I gave them formal letter na stating the request and they did not answer and every time na vivisit ako sasabihin nila palagi busy. nirerequest ko po ung monthly and yet they did not provide hanggang sa makaalis na ako ng company.

2nd ung SSS ko ng December hindi nila bayad nauna pa bayaran ung January 2017 ko before sa December 2016 ko. and everytime na tatanungin ko sila sasabihin nila hindi pa daw DUE. December pa un. January 23 2017 wala parin. Due na sila last 10th of January. They are very negligent of my records and contribution. balak ko mag file this January 26. any advice how I can handle this? or how I can file a valid complaint? Thanks

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2 Re: Previous Employer Problems on Mon Jan 23, 2017 2:26 pm

lukekyle


Reclusion Perpetua
sa SSS ka mag file ng complaint.

Yung re sa payslip yes you can file but if you win, all you get are your payslips. Hope you aren't expecting any monetary gain

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3 Re: Previous Employer Problems on Mon Jan 23, 2017 3:37 pm

jerickenano


Arresto Menor
@luke Yes sir hindi po. I just need my payslip para pa re compute ko po ung taxes ko kasi. sobrang baba po ng back pay na binigay nila sakin and I don't think kasma tax refund dun. kaya gusto ko lng pa recompute. Payslip po tlga ung habol ko. malakas po ba laban ko?

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4 Re: Previous Employer Problems on Mon Jan 23, 2017 9:18 pm

lukekyle


Reclusion Perpetua
yeah obligado sila magbigay ng payslip pero if lalaban sila, matagal na process yan. lets just hope once they receive yung notice ibigay na nila yung payslips. if not they can drag this out for a long time. usually hindi pinapatagal ng employer ang kaso kasi lalaki ang monetary damages pero since walang pera dito, pwede nila idelay

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5 Re: Previous Employer Problems on Tue Jan 24, 2017 6:57 am

jerickenano


Arresto Menor
Wala po bang way para ma bigyan sila ng deadline. nag sasabi nlng sila ng reason na kunwari wala ung operations manager na nag piprint ng payslip pero later na laman ko na nasa office pla cya. may pag ka sinungaling kasi.

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6 Re: Previous Employer Problems on Tue Jan 24, 2017 7:54 am

lukekyle


Reclusion Perpetua
walang way.

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7 Re: Previous Employer Problems on Tue Jan 24, 2017 8:06 am

jerickenano


Arresto Menor
Parang Hopeless cause siya. knowing them idedelay na nila ng idedelay un kasi alam nila na pag nag ka payslip ako makaka reklamo ako sa SSS kasi di nila bayad SSS ko for now hindi ako maka reklamo wala ako payslip. I need a way sana na ma force sila mag bigay ng payslip on a specific deadline. pinatatagal lng nila previous copies nmn un so tapos na no need to create new i piprint na lang. When I told them na for computations ng benefits and tax dinedelay pa nila lalo.

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8 Re: Previous Employer Problems on Tue Jan 24, 2017 9:01 am

lukekyle


Reclusion Perpetua
if thats a case file a complaint. Worst case scenario naman yung one year

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9 Re: Previous Employer Problems on Tue Jan 24, 2017 9:23 am

jerickenano


Arresto Menor
ah sige sige Thanks sa insights Smile

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10 Re: Previous Employer Problems on Wed Jan 25, 2017 3:40 pm

jerickenano


Arresto Menor
@Luke tanong ko lng ulit. What if nag sign na ako ng quitclaim sa kanila? pwede pa ba ang gusto kong gawin?

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11 Re: Previous Employer Problems on Thu Jan 26, 2017 12:23 am

lukekyle


Reclusion Perpetua
try mo, wala naman mawawala. although the quit claim will work against you, sabihin mo nalang na now mo lang nadiacover na kulang yung SSS thus you need the payslips.

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12 Re: Previous Employer Problems on Thu Jan 26, 2017 4:26 pm

Cutie_chen


Arresto Menor
Hi Atty im Newbie here. Thanks kase nakita ko ang website nyo. My question is this po.

Im from Real Estate company nagkaron po kmi ng misunderstanding ng Manager ko. Due to that ginawan nya po ako ng letter sa pinakaboss namin. I found out nalang na tanggal napo ako. Okey lang po sakin para dina din ako paginitan , nagclearance po ako para lumabas mga commission ko, Meron po sila policy na deduction na 20% of your whole commission then tinanung kopo sa HR kong san ko sya iaassign ang 20% pwede daw po sa coagent or sa manager ko. Ginawa kopo sa Coagent na kapitbahay ko din para once po na lumabas sa knya ang commission bgyan kona lang po sya ng certain fee. Then after a week po ng clearance ko nalaman kona lang na nagcountersign ang pinakaboss ko para baguhin ang inassign ko na pwede mga recieve ng 20% na deduction sa akin. Ginawa po nya na manager kona ang magrerecieve. Hinahanap kopo ang comsharing form kong saan sya nagcounter sign pero wala po sila bngay sa akin. Ngayun po Broker na ako nagpapa accredit po ako sa company ko kong saan tinanggal ako ng boss ko dina po sa division ko dati kong di sa Broker Division para makabenta po ako pero dipo nila payagan dahil di daw po pinapayagan ang ganun. Pero meron naman po ako kakilala na same may situation pinayagan nila.

Me laban po ba ako para makabalik sa company even me rules sila na if nagclearance kana you can back after 6 months. more than 1 year na po ako wala sa company pero ayaw po nila ako irelease. Thanks po and Godbless

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13 Re: Previous Employer Problems on Thu Jan 26, 2017 6:24 pm

mrs_scofield


Prision Correccional
There is no express statute or rule requiring employers to provide employees with payslips. However, Supreme Court decisions have repeatedly declared that employers should provide them.

While RA 10361 (Domestic Workers Act or Batas Kasambahay) requires the employers to issue pay slips the same is not the case for ordinary employees.

The Labor Code does not have any provision on pay slip as being a duty on the part of the employer. Meanwhile, the Omnibus Rules Implementing the Labor Code only requires the employer to maintain a payroll as evidence of payment of wages and monetary benefits, viz:

"SEC. 6. Payrolls. – (a) Every employer shall pay his employees by means of payroll wherein the following information and data shall be individually shown:

1. length of time to be paid;
2. the rate of pay per month, week, day or hours, piece, etc.;
3. the amount due for regular work;
4. the amount due for overtime work;
5. deductions made from the wages of the employees; and
6. amount actually paid.

(b) Every employee in the payroll shall sign or place his thumbmark as the case may be, at the end of the line opposite his name where a blank space shall be provided for the purpose. His signature shall be made in ink or his thumbmark placed with the use of the regular stamping ink and pad."

As of date, the Department of Labor and Employment (DOLE) has not issued any rule, order, or advisory on whether a payslip is being required from the employers. This is supported by the fact that there is no DOLE sample payslip unlike that of the domestic worker.

My piece of advice is call DOLE and report the matter. This will certainly trigger a visit from them since non-issuance of payslips may be taken against the employer as an indication that liabilities owing to the employee are being avoided.  Case in point your previous employer's non-payment/remittance of your December 2016 SSS contribution.

I wish you all the best! Good luck!

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14 Re: Previous Employer Problems on Fri Jan 27, 2017 7:19 am

jerickenano


Arresto Menor
mrs_scofield wrote:There is no express statute or rule requiring employers to provide employees with payslips. However, Supreme Court decisions have repeatedly declared that employers should provide them.

While RA 10361 (Domestic Workers Act or Batas Kasambahay) requires the employers to issue pay slips the same is not the case for ordinary employees.

The Labor Code does not have any provision on pay slip as being a duty on the part of the employer. Meanwhile, the Omnibus Rules Implementing the Labor Code only requires the employer to maintain a payroll as evidence of payment of wages and monetary benefits, viz:

"SEC. 6. Payrolls. – (a) Every employer shall pay his employees by means of payroll wherein the following information and data shall be individually shown:

1. length of time to be paid;
2. the rate of pay per month, week, day or hours, piece, etc.;
3. the amount due for regular work;
4. the amount due for overtime work;
5. deductions made from the wages of the employees; and
6. amount actually paid.

(b) Every employee in the payroll shall sign or place his thumbmark as the case may be, at the end of the line opposite his name where a blank space shall be provided for the purpose. His signature shall be made in ink or his thumbmark placed with the use of the regular stamping ink and pad."

As of date, the Department of Labor and Employment (DOLE) has not issued any rule, order, or advisory on whether a payslip is being required from the employers. This is supported by the fact that there is no DOLE sample payslip unlike that of the domestic worker.

My piece of advice is call DOLE and report the matter. This will certainly trigger a visit from them since non-issuance of payslips may be taken against the employer as an indication that liabilities owing to the employee are being avoided.  Case in point your previous employer's non-payment/remittance of your December 2016 SSS contribution.

I wish you all the best! Good luck!

Thanks this is such a big help Smile

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