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Backpay and COE

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1 Backpay and COE on Mon May 21, 2018 7:45 am

Mauress


Arresto Menor
Hi. Nagsign ako before last feb 1 ng contract under probationary period for 1 month. But then I didnt sign the second contract for regularization because im planning to resign from the company on october for the reason that i have review full time for my board exam and im tired of travelling more than an hour going to work and another going home.
The probationary contract says that i have to pay the company 2mos of my salary if i will leave the company in less than 3 years. I just knew that there's a contract like that on my first day of work because they didnt let me get interviewed by the hr or by the president unlike the other employees. I just met the hr manager on my first day showing the probationary contract. Is that ok or legal?
Another thing. If i will be resigning on october can i still demand for a backpay and COE?
Thank you

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2 Re: Backpay and COE on Mon May 21, 2018 11:52 am

lukekyle


Reclusion Perpetua
did you sign yung performance bond? medyo iffy yan. when you resign in october, they will probably charge you with the bond. as such they will probably withhold your final pay and the coe. then you can file money claims sa dole/nlrc. sila mag determine kung dapat meron kang bayaran or wala. pag settled na yung issue iorder ng dole yung employer to furnish you a coe

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3 Re: Backpay and COE on Mon May 21, 2018 12:13 pm

Mauress


Arresto Menor
Yes i signed the employment bond. Because during that time i dont know about the bond and i dont have choice because i left my previous job for this. There's a time that a DOLE representative visit our hr. And they are not disclosing about the contract , our hr said that it is just a special action form..

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4 Re: Backpay and COE on Mon May 21, 2018 12:24 pm

Mauress


Arresto Menor
This is the document that i've signed.

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5 Re: Backpay and COE on Mon May 21, 2018 12:27 pm

Mauress


Arresto Menor

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6 Re: Backpay and COE on Mon May 21, 2018 12:34 pm

Patok


Reclusion Perpetua
malinaw na nakalagay don sa pinirmahan mo yung bond.. bakit sabi mo hindi mo alam about the bond?

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7 Re: Backpay and COE on Mon May 21, 2018 12:36 pm

Mauress


Arresto Menor
What i mean is unlike other employee hindi ako na interview and na brief about sa 3 year contract na iniimposed nila.. Nalaman ko. Lang siya ng mismong araw ng first day ko..

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8 Re: Backpay and COE on Mon May 21, 2018 1:08 pm

lukekyle


Reclusion Perpetua
so nung pumirma ka hindi mo binasa?

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9 Re: Backpay and COE on Mon May 21, 2018 1:09 pm

Mauress


Arresto Menor
I read it.

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10 Re: Backpay and COE on Mon May 21, 2018 1:11 pm

Mauress


Arresto Menor
Is it valid that even thou i signed it the contract and the conditions was being presented to me upon my entry to the company. And the fact that they are requiring employees to stay 3 yrs even though theres no provided trainings or study leave for employee growth?

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11 Re: Backpay and COE on Mon May 21, 2018 2:01 pm

lukekyle


Reclusion Perpetua
yung dole/nlrc (arbiter) ang magdetermine if pwede nila singilin sayo. In my opinion malabo but meron paring possibility since nag sign ka nga.

If ni present pala sayo and hindi katanggap tanggap eh why did you sign?

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12 Re: Backpay and COE on Mon May 21, 2018 2:18 pm

Mauress


Arresto Menor
Because i left my job for this opportunity and for practical reasons. And I started doing this work in the morning pa lang then around 3pm in the afternoon lang din na present sakin yung contract. At dun ko lang nalaman ang nilalaman kung kailan nakapag simula na ko.

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13 Re: Backpay and COE on Mon May 21, 2018 2:19 pm

Patok


Reclusion Perpetua
pwede mo naman i question yun bago ka mag sign.. if you don't agree don't sign.

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14 Re: Backpay and COE on Mon May 21, 2018 2:27 pm

Mauress


Arresto Menor
But then i already signed it. What actions can i do to leave the company in good faith?

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15 Re: Backpay and COE on Mon May 21, 2018 3:51 pm

lukekyle


Reclusion Perpetua
the safest way is to take your contract to DOLE and have them issue a legal opinion in writing. I'm not sure if dole does this but other gov't agencies do.

If they say that you will not be liable you can use that if you will be sued later.

Do not accept anything verbal. It will almost be impossible to prove it in court if the need arises.

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16 Re: Backpay and COE on Mon May 21, 2018 8:02 pm

attyLLL


moderator
you can consider not paying it. the basis for bonds to be legal is that the employee was unjust enriched by the training he received from the company.


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17 Backpay issue on Wed Jun 06, 2018 12:57 pm

cvillamer13


Arresto Menor
May tanong po ako...

pwede po ba ako makakuha ng backpay kahit hindi ko natapos yung contract ko po?
may batas po ba nun? kung meron ano pu yung batas na yun?
salamat po sa sasagot...

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18 Re: Backpay and COE on Wed Jun 06, 2018 1:02 pm

Patok


Reclusion Perpetua
ano po bang backpay ang sinasabi nyo??

Kung last pay, dapat makuha nyo, yun yung days na you worked na hindi pa nababayad sa iyo and pro rated 13th month pay.

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19 Re: Backpay and COE on Thu Jun 21, 2018 9:48 am

Mauress


Arresto Menor
Hi. Im mauress again. The one started this thread.
I would like to ask if I will be able to get my last pay nd 13th month pro rata after my resignation?
Sabe kasi na di na daw ako makakakuha ng last pay at COE dahil sa bond ko (which is vague dahil walang basis, no trainings stated naman). Then di na din ako makakpag clearance and di ko na din daw makukuha COE ko.
Kumbaga, if i will not claim my last pay they will not claim payment for the bond daw.
Ano dapat ko gawin para makakuha ng last pay and COE?

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20 Re: Backpay and COE on Thu Jun 21, 2018 11:40 am

Mauress


Arresto Menor
Hi. Im mauress again. The one started this thread.
I would like to ask if I will be able to get my last pay nd 13th month pro rata after my resignation?
Sabe kasi na di na daw ako makakakuha ng last pay at COE dahil sa bond ko (which is vague dahil walang basis, no trainings stated naman). Then di na din ako makakpag clearance and di ko na din daw makukuha COE ko.
Kumbaga, if i will not claim my last pay they will not claim payment for the bond daw.
Ano dapat ko gawin para makakuha ng last pay and COE?

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21 Re: Backpay and COE on Thu Jun 21, 2018 1:25 pm

lukekyle


Reclusion Perpetua
you will have to pay money claims sa NLRC

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22 Re: Backpay and COE on Thu Jun 21, 2018 1:25 pm

lukekyle


Reclusion Perpetua
yung COE naman sa dole

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23 Re: Backpay and COE on Thu Jun 21, 2018 3:54 pm

Mauress


Arresto Menor
I have to pay?? Or to file? Money claims sa NLRC?

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24 Re: Backpay and COE on Thu Jun 21, 2018 3:55 pm

Mauress


Arresto Menor
Is there a chance for me to win this one ? Considering the situations?

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25 Re: Backpay and COE on Thu Jun 21, 2018 4:52 pm

lukekyle


Reclusion Perpetua
sorry, i meant file. Yes i think ok naman chance to win. But understand na its a long process and yung last pay + 13th month may be not worth yung time and expenses for filing a money claim

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