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last pay for terminated employee

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1 last pay for terminated employee on Sun Mar 05, 2017 3:31 pm

ritaritz


Arresto Menor
tanong lang po:
if you wer terminated last Jan 2017 for alledged theft, are you entitled to get your last salary? kung may pondo kang SL and VL makukuha mo rin ba ito? what about yung naikaltas na tax sayo for the month of Ianuary? dapat din po bang bigyan ka ng 1/12 na 13th month pay?

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2 Re: last pay for terminated employee on Mon Mar 06, 2017 12:36 am

lukekyle


Reclusion Perpetua
dapat makuha mo yung salary, imay sIL from 2016 or before (company sl/vl are sometimes not cumulative depending on company policy), walang 13th month dahil hindi ka naka one month this year. less whatever was supposedly stolen, meron tax refund if amount withheld is smaller than you exemption.

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3 Re: last pay for terminated employee on Mon Mar 06, 2017 1:56 pm

HrDude


Reclusion Perpetua
You back pay is also dependent on the amount of the item subject of the theft if you are made liable for the payment thereof.

Kung pinagbabayad ka ng specific amount ay kukuhanin lahat yan sa back pay mo. Kung kulang e kailangan mo bayaran yung kulang.

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4 Re: last pay for terminated employee on Thu Mar 16, 2017 7:26 pm

VenusAtFar


Arresto Menor
Hi!
Just wanted to ask po. There was a clause in our employment contract that stated that we have to pay a training bond even if you were terminated equal to a month's basic salary. This clause for reasons, was just started by the company just last year. Unfortunately, I was terminated and now my last pay was being retained as payment for the supposed training bond. And now, we plan to file a complaint in DOLE. Is it even fair na the bond was not fixed eh pare pareho lang naman po kami ng training na pinagdaanan ng new hires and I was even inform na it could be a vehicle for abuse since it was a win win situation sa kumpaniya. May laban po ba kami? Thanks po.

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5 Re: last pay for terminated employee on Fri Mar 17, 2017 9:15 am

lukekyle


Reclusion Perpetua
well the company MAY claim your salary as part of your training expenses. Theoretically anything spent for your training can be claimed as training expenses. Things such as electricity, office supplies, office space occupied, personnel man hours. So hindi nyo (employees) sya pwede i-outright claim na illegal yung training bond BUT you can dispute their charges specifically. Kasi pag ni dispute/complain nyo yung bond, the employer needs to PROVE yung expenses nila to the peso.

Pag sinabi nila na P17.00 ay para sa sabon na ginamit nung janitor, you can counter tna its unreasonbale since lilinisin naman yung area whether nag train ka dun or hindi. Just an example but i think you get the picture

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6 Re: last pay for terminated employee on Fri Mar 17, 2017 4:09 pm

mrs_scofield


Prision Correccional
VenusAtFar wrote:Hi!
Just wanted to ask po. There was a clause in our employment contract that stated that we have to pay a training bond even if you were terminated equal to a month's basic salary. This clause for reasons, was just started by the company just last year. Unfortunately, I was terminated and now my last pay was being retained as payment for the supposed training bond. And now, we plan to file a complaint in DOLE. Is it even fair na the bond was not fixed eh pare pareho lang naman po kami ng training na pinagdaanan ng new hires and I was even inform na it could be a vehicle for abuse since it was a win win situation sa kumpaniya. May laban po ba kami? Thanks po.


What was the cause of your termination, if I may ask? This is to determine if there was really a just or authorized cause(s) for the termination of your employment or its just a trump up charges in order to have you liable under your training contract.

Could you quote in verbatim the particular provision that you mentioned regarding the payment of the training bond should you be terminated to better assess your situation.

It is noteworthy to point out also that an employer cannot withhold the wages and benefits of the employee who underwent training locally or abroad because they are not mutual creditor and debtor, which is a requirement under Articles 1278 and 1279 of the Civil Code.

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