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Employer holds my clearance, certificate of employment and back pay

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Arresto Menor
Hi po!

My dilemma is that I cannot claim my back pay and COE because my employer (supervisor) refuse to sign my clearance. Sad Sabi niya I did not provide her the signed turnover sheet at the time of my effectivity. As far as I know, I should turn-over my duties and accountabilities to my successor, and so I did with all the supporting documents. Nasa custody na po ng successor ko ang turnover sheet with her signature as acceptance, pero nung bumalik ako sa company to continue the processing of my clearance, wala na dun ang successor ko kasi nag resign na siya and my successor did not turnover her accountabilities to her (our) immediate supervisor. I think she did AWOL. Nagalit yung supervisor. Evil or Very Mad My question is, is it lawful for her to deny my clearance? Nakapag turnover naman ako sa successor ko, pero yung successor ko ang hindi nag turn-over sa successor niya (which is the supervisor kasi wala pang naha-hire at that time).

I already referred this case to DOLE but all they can do is settlement thru SENA. But my employer strongly said "NO" at walang nagawa ang DOLE kundi i refer ako sa NLRC, reason: both parties failed to reach an agreement. Nagpunta po ako sa NLRC to file sana pero hindi ko muna tinuloy kasi ang sabi I have no right to claim any benefit daw kasi I voluntarily resigned, hindi naman daw po ito illegal dismissal. Totoo po bang I have no right? Kasi sa tingin ko hindi po tama ang ginawa ng employer ko. I have no other remedy but to go to a lawyer, pero mahal po ang kumuha ng abogado and I cannot bear the fees and other charges if ever this will turn into a case. Sad As much as possible I want to fight for my right in my own knowledge and understanding kaya I'm doing research on labor codes and seek your advices. Please help me.

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Reclusion Perpetua
Instead of going to DOLE, why didn't you go to your supervisor first and settle it there. If they require you to give them a turn-over sheet, just give it to them.

May right ka to claim your last pay (the days you worked that wasn't paid yet), 13th month pay, tax return (if any) and CoE. Ituloy mo kaso mo sa NLRC, and they would have to prove na you have no right to claim what I stated, in which they could only do if you have a monetary liability to the company.

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Arresto Menor
Hindi ko po kasi ma claim lahat yun kasi hindi pa ako cleared. Yung signature ng supervisor na lang ang kulang sa clearance ko. Nakipag settle na din po ako sa kanya at willing akong i provide lahat ng kailangan niya pero ayaw niya talagang i sign ang clearance ko kaya nagpunta ako ng DOLE at nakapag-conference na kami with the Director. Yun nga po, walang nagawa ang Director nung sinabi ng supervisor ko na ayaw niya talaga i-sign ang clearance ko.

I will take your advice po na ituloy ang filing sa NLRC. Thank you po. Smile

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