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employee dismissal

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1 employee dismissal on Fri Jan 12, 2018 12:57 am

giraffeben


Arresto Menor
hi, i worked in my company sin 2016 august 16 , i was dismiss by them since 5th January 2018, i checked my SSS, my company only paid until 2017 Sep, can i still get back my tax refund? my monthly tax deduction were 23k php at least, i asked my company did i get any tax refund , they told me i don have and i am a foreigner work in Philippines. what do i need to do? Appreciate for the reply, Thank you!

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2 Re: employee dismissal on Fri Jan 12, 2018 6:42 am

mikos23

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Reclusion Perpetua
For your SSS, you may inquire with your company why it only reflect up to Sept. 2017.

For tax refund, it depends if there is an excess deduction last 2017. but since you worked from jan - dec 2017, the tax deduction would have been the correct amount, and no refund would be given.

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3 Re: employee dismissal on Fri Jan 12, 2018 7:21 am

arnoldventura


Prision Mayor
Try to determine whether SSS contributions pertaining to your employment were remitted. Try reading this, I hope it helps. https://www.alburovillanueva.com/sss-pagibig-philhealth-imprisonment

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4 employee dismissal on Fri Jan 12, 2018 8:07 am

giraffeben


Arresto Menor
hi thanks for reply! can i still file complain for my SSS if my employer short of remit my SSS after i signed agreement for employee dismissal. Thank you.



Last edited by giraffeben on Fri Jan 12, 2018 8:09 am; edited 1 time in total (Reason for editing : wrong sentence)

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5 Re: employee dismissal on Fri Jan 12, 2018 3:33 pm

pholeng


Arresto Menor
Good afternoon. I have joined a foreign company since 2013, since 2015 have numerous lates and absences due to being as single mom of 4, having difficulty looking after them. October of last year I signed a document saying that I can get paid on the hours I have worked on. Mid December last year I received a document that our resident agent wants me to sign, QUIT CLAIMS AND WAIVER. Please I kindly need your advice, I was at the moment on leave until further advise by my Administration Manager. I do not really know what my status is right now. They just want me to sign the paper THANK YOU VERY MUCH AND GODBLESS
Also it was stated in the document that I can only have my December salaary and 13th month pay and nothing else. Redundancy /retrenchment

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6 Re: employee dismissal on Fri Jan 12, 2018 3:48 pm

mikos23

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Reclusion Perpetua
Quitclaim usually state that you have received everything from the company and that you will not be chasing after them.

what is the waver for?

This looks like you're going to be terminated.

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7 ATTN MIKO23 - QUIT CLAIMS AND WAIVER on Fri Jan 12, 2018 8:29 pm

pholeng


Arresto Menor
Hello Sir Miko

Quit claims and Waiver is the title of the document that I needed to sign. I admitted my numerous absences and lates for the past 2 years. Can I be terminated because of that? I had signed paper on October last year,that I will agree on an hourly pay, meaning I will get paid based on the hours I worked on. But then I was surprised when I received the QUIT CLAIMS AND WAIVER this December and they are asking me to sign it right away which I didnt sign and told them that I will contact them when I am ready to sign. When I met the resident agent on the day that I was asked to sign, I am already under on leave from work until advised. Just a quick recap, I have a complaint still under investigation in the UK Head office against my Philippine Manager, a British National.

Until now I have not signed the paper and I am on flotation until advised by the UK company. But still they are insisting that I sign the QUIT CLAIMS AND WAIVER so that I can get my January pay, my last pay.

With Thanks and Best regards
Paula Tiongson

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8 Re: employee dismissal on Sat Jan 13, 2018 7:24 am

mikos23

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What I don't get is are you really separated or not (either termination or resignation). Quitclaim and Waiver is for receiving your last pay. but you keep stating that you are "floating" status. If you resigned then sign that so you can get your last pay. if you are terminated, did they follow the process of 2 notice required by DOLE or just stated your fired, sign this quitclaim and get your final pay. Kindly make your story clear so that you can get good answer from the people here.

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9 Re: employee dismissal on Sat Jan 13, 2018 10:02 pm

attyLLL


moderator
Paula, a quit claim states you have received everything that you expect from the employer. If this is true and you are satisfied that their offered amount is correct then you may continue to reject it. If you believe the floating status is intended to make you resign, then that is illegal constructive dismissal and you can file a complaint for illegal termination at the NLRC


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