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Atty pa-advise naman po: CLEARANCE

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1 Atty pa-advise naman po: CLEARANCE on Wed Mar 09, 2011 1:05 pm


Arresto Menor
Good afternoon, sir. I have filed my resignation last Feb 22 and currently rendering 30 days. My last day of employment after my serving 30 days will be March 24. When I filed my resignation, my immediate boss advised me that my clearance would only be signed 30 days after my last day (approximately April 24) and after that I will have to wait 45 days for the processing of my retirement pay.

Atty, is the time frame for the signing of the clearance, which is 30 days, just? I have known other employees belonging to same level who were given clearance after only 1 week. Agents get their clearance signed within the same day. The time frame they have given me is a little short of 3 months and I feel that I am unnecessarily delayed.

Atty, what should I do? Please advise.

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2 Re: Atty pa-advise naman po: CLEARANCE on Sat Mar 12, 2011 9:33 pm


the problem with the labor code is that it doesn't prescribe a proper time frame for release of last pay. neither does it say anything (if i'm wrong, anyone, i'll be gladly corrected) about a right to a clearance or a certificate of employment.

i agree that 3 months is an unreasonable time. you can send a demand letter, but if they ignore it, your remedy would be to file a complaint at dole or at the nlrc.

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