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Compensation for Delay and Possible Damages

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1 Compensation for Delay and Possible Damages on Mon Apr 30, 2018 8:38 pm

michael.aggarao


Arresto Menor
I worked excessive overtime hours between the months of October until December. During these months there were excessive errors in my overtime paid which the management team in my company acknowledged and sent to our finance team in India for correction. 6 months later I had still not been paid despite constant assurance from them that it will be resolved in the next payroll. After I had a hepatitis scare where I was advised by the company doctor that the best course for me were tests and vaccinations amounting to thousands of pesos I decided to bring them to DOLE since I needed the money to cover my medical expenses since I didn't have enough money to cover medical treatment and rent at the same time. I requested they pay the amount immediately and shoulder the taxes since they were supposed to be spread over three months

After a month they offered to pay the overdue amount after 13 days which I said was not acceptable since I needed the money now since I had already postponed my treatment by a month while they worked it out. Their only other offer was a salary advance which I would receive in <12 days> which I rejected since I felt that it would make no difference. I instead covered my medical expenses with loans.

I was terminated three days later on an old case

They have also not released CCTV footage that I requested

What are my rights at this point? I am destitute since I had to start a new job and had to incur all of these expenses and I am still waiting for salary from my new job but do I still have a right to ask for compensation since they did release the overtime pay 13 days later like they said they would?

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lukekyle


Reclusion Perpetua
if you haven’t filed a complaint yet at the nlrc i doubt you can get anything else. but you can try, maybe even if you don’t win the case theres a chance your employer may offer some compensation just to get you to withdraw the complaint.
the only disadvantage is that the amount they offer might be less than the expenses you will incur just for attending the hearings and filing ghe complaint.

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attyLLL


moderator
if you already received the overtime pay, it would be difficult for you to seek damages. it doesnt seem you are contesting the basis of your termination either.


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michael.aggarao


Arresto Menor
attyLLL wrote:if you already received the overtime pay, it would be difficult for you to seek damages. it doesnt seem you are contesting the basis of your termination either.

On our settlement agreement during the SENA they agreed that they would provide relief of an immediate salary advance or have the amount released by the last day of the SENA so I can afford medical treatment both of which they did not do. Does this mean that as long as they eventually pay the amount even if it is outside of the agreed period it will make them not liable for damages?

Not arguing just trying to understand this sorry.

I am not contesting the termination since it was for a prior issue which had been pending for a long time now which I have been regularly advised could lead to a termination when it eventually gets processed by our indian departments. Also I recently started a better job and have no interest in going back to that company

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