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1 TERMINATION FOR MISCONDUCT on Mon Oct 02, 2017 8:51 pm


Arresto Menor
Hi! I do hope that somebody will help me with regards to my case.
I was "Terminated" in my past company for misconduct (to be stated-Habitual Tardiness). I already spoke with one of the representative in DOLE, and he told me that, I am still eligible for a backpay (my 13th Month Pay) and the problem is, my past employer are keep on refusing to give it. Because I was tagged as "TERMINATED FOR MISCONDUCT". Is this true po ba? Can somebody give me an advice please. Thank you!

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2 Re: TERMINATION FOR MISCONDUCT on Tue Oct 03, 2017 3:55 am


Reclusion Perpetua
back pay is usually used if you are terminated and due to court decision, companies were ordered to pay your wages from the time you were terminated to the time the court ordered them to pay you. if you are asking for back pay, then until you won your case against the company and court ordered them to, you are not entitled to it.

What you might be asking for is your final pay or last pay which are: unpaid salary of the days you worked, pro-rated 13th month pay, tax return, etc. Labor code only state that Terminated employees due to just cause (misconduct) are not entitled to separation pay. Separation pay is given only if the employee is terminated to authorized cause.

Therefore, you are still entitled to your last pay since it is not a back pay nor is it a separation pay.

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3 Re: TERMINATION FOR MISCONDUCT on Tue Oct 03, 2017 6:00 am


Arresto Menor
Hi Mikos! Thank you for responding. I believe that I still have 13th Month pay left in my previous employer, since I was a regular employee there. I just want to ask also, what is the right term for that? If it's not a backpay nor a separation pay. So that I can state it clearly to them. And is it required to give it back to me eventhough I was Terminated? In short, do I have to pursue them? Thank you so much!

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4 Re: TERMINATION FOR MISCONDUCT on Tue Oct 03, 2017 8:19 am


Reclusion Perpetua
It is called your last pay. Included will be the days you worked that haven't received yet, any leave credits, tax refund and pro rated 13th month pay.

Go to DOLE and file for money claims.

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