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SEPARATION PAY

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1 SEPARATION PAY on Wed Apr 05, 2017 3:48 am

Jeffrey Cabotaje


Arresto Menor
I have been working in a BPO company for almost 3 years and every year we are obligated to partake in the annual APE or Annual Physical Examination, and every year I was given a fit to work status by the doctors.

Unfortunately, January 2017 I was diagnosed suffering from hypertension 1. I filed my SSS sickness notification the next following days and also informed the company. Later on, around second week of January 2017, after taking medication and rest I was given a fit to work notice by the doctor.

January 23, 2017, I returned to work sadly the next day my BP spiked up again because the nature of our work is night shift. I was not able to work again and notified the company and filed another SSS sickness notification since my leaves are already exhausted. I was advised by the doctor to rest again and do a BP monitoring.

February 3, 2017, I consulted back again with the doctor and was advised that I am now suffering stage 2 hypertension and would need to avoid night shift from work. I informed the company about this situation. February 6, 2017 I personally went to the office to speak with my supervisors and manager, I personally informed them about my situation and I was advised that I cannot be permitted to have any leave of absence since hypertension is not a valid rwadon to take LOAM or leave of absence medical in my company's vocabulary. I also showed them an SSS EC form B300 with the doctors findings and recommendation and they said they do not need any copy.

I went home that night not knowing what to do next, next morning I drafted my resignation letter. I also searched online about articles on resignation, I found that based on labor law my condition in my understanding can be a just cause and I will still have separation pay if I resigned.

February 7, 2017, I submitted my resignation letter and the company accepted it, though I indicated that I will not be taking the 15 day company policy since the doctor advised to avoid night shifts from work. February 8, 2017, I processed my clearance and was cleared.

After a few weeks I received my final pay amounting to 2,500 pesos. I asked them where is my separation pay and to provide me an update about my SSS sickness reimbursement whick I submitted tk them Janjary 6, 2017, they responded a week later since the only way communicating with the company's HC or human capital is through email.

In their response, it was not clear that they provided me my separation pay and they only stated that, that my final pay was already processed and was sent to my payroll atm. I again questioned them about my separation pay and update on my SSS reimbursement. Again after a few days I received an email stating that since I am separated from the company, I should be the one to process my SSS claim. After reading that, in my frustration I vented out on my email to them and asked for all the documents that I submitted to them be returned as soon as possible so that I can process it myself. After a few days a representative from the company called, she advised that she will be taking a look on my concern and get back to me again after two days she called back again and was advised thag I am not entitled to a separation pay and that I can get the documents back on their lobby. She also advised that I can file any cases if I wanted to but their decission is final and was approved by their legal team.

Frustrated, I went to their office to get the documents but before leaving I inspected the contents, I jnformed the security personnel that some documents are not yet returned and what they provided is incomplete. After further inspection I also noticed that they processed my sickness claim February 26, 2017 as the stamps indicated, initially I submitted it to them January 6, 2017.

I contacted them again through email and told them my dilema, I advised that I need the original Medical Certificate stating to avoid night shift from work. After a week a representative called me and I advised that I need the original Medical Certificate for my files and so that I can also file the extension of my sickness reimbursement, she advised that she will coordinate with their staff to have the documents prepared. After another week March 28, 2017, I received an email stating to pick up the documents after 5 days which they sent to the Cainta site.

April 4, 2017, I received duplicate copies of my initial documents and the medical certificate containing the doctor's advise to avoid night shift from work is not given back.

I want to ask if I am eligible for a separation pay? And can I file a case againts the company for not providing me back the original documents that I sent to them? I cannot process the extension of my sickness reimbursement without that medical certificate, this situation gave me so much stress and inconvenience and I really need help.

I hope to hear from you. You may also reach me at 09953171704

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2 Re: SEPARATION PAY on Wed Apr 05, 2017 2:04 pm

Patok


Reclusion Perpetua
You resigned, no separation pay.

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3 Re: SEPARATION PAY on Wed Apr 05, 2017 2:06 pm

HrDude


Reclusion Perpetua
Separation pay is NOT automatic.

1. Separation pay can be given if there is a separation pay program of a company.
2. Also, if there is an existing CBA in a unionized organization.
3. And if an employee was separated by some of the Authorized Causes under the law.

Besides, you stated that you resigned. Your separation from the company is with your own initiative.

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4 Re: SEPARATION PAY on Wed Apr 05, 2017 4:09 pm

Jeffrey Cabotaje


Arresto Menor
I resigned due to the doctors advice to avoid night shift from work. The company did not even try to offer me other options when they advised me that I cannot go on LOAM since hypertension is not a valid reason. And until now they cannot provide the original Medical Certificate stating to avoid night shift from work back to me so I can process my sickness claim extension.

What can I do to force them to give it back to me?

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5 Re: SEPARATION PAY on Wed Apr 05, 2017 4:47 pm

lukekyle


Reclusion Perpetua
is there any other way to get another medical certificate? very hard to force them to give it back if they dont want to. short of going to court to get back a document i cant think of another way to force them

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6 Re: SEPARATION PAY on Wed Apr 05, 2017 6:10 pm

Jeffrey Cabotaje


Arresto Menor
The medical certificate has specific dates unless the specialist will permit and create a new medical certificate and antidate it to the slecific dates.

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7 Re: SEPARATION PAY on Wed Apr 05, 2017 7:23 pm

HrDude


Reclusion Perpetua
"And can I file a case againts the company for not providing me back the original documents that I sent to them?"

NO, the documents that you surrendered to them are considered Company property already. Only the courts can force them to return you such.

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8 Re: SEPARATION PAY on Wed Apr 05, 2017 7:44 pm

lukekyle


Reclusion Perpetua
dont antedate. just get the doctor to issue a certificate that you were sick on those specific dates but have her put the current date on the certification

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9 Re: SEPARATION PAY on Wed Apr 05, 2017 11:20 pm

Jeffrey Cabotaje


Arresto Menor
If I will have the doctor put the current date when he examined me will that guarantee that my sickness notification and reimbursement? The original medical certificate has the exclusive dates that is why I need that copy.

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10 Re: SEPARATION PAY on Thu Apr 06, 2017 12:30 am

lukekyle


Reclusion Perpetua
i dont know you have to ask sss but i would believe so. what you need to prove is that you were sick on those dates so it should not matter when the doctor issues the certification. what matters more is the date that the doctor says you are sick.

anyways as mentioned before anything short of bringing your employer to court, you really dont have a choice

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11 Re: SEPARATION PAY on Thu Apr 06, 2017 11:59 am

Jeffrey Cabotaje


Arresto Menor
@HRdude is my sickness not valid to be be justified under a just cause as the labor law stated? Due to sickness or analogous circumstances?

I submitted to them my original medical certificate so that they can process my sickness reimbursement, however when they returned the documents to me they did not include the original medical certificate.

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12 Re: SEPARATION PAY on Thu Apr 06, 2017 1:32 pm

ador


Reclusion Perpetua
You could try ask for a medical abstract along with the new medical certificate. medical abstract proves to be the proper document for these types of situation.

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13 Re: SEPARATION PAY on Sat Apr 08, 2017 9:57 am

Jeffrey Cabotaje


Arresto Menor
What initially can be found on the original document cannot be the same with the abstract. That time I was still sick but If I will be getting an abstract now, they will find nothing since I was given due medication by the doctor.

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14 Re: SEPARATION PAY on Sat Apr 08, 2017 11:20 am

lukekyle


Reclusion Perpetua
unfortunately if hindi pwede ang alternatives na suggested namin, wala akong nakikitang ibang recourse. short of getting a court order for your employer to give it back.

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