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COE AND LAST PAY

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1 COE AND LAST PAY on Wed Jun 27, 2018 9:13 am

Leo.abano


Arresto Menor
Hi, my name is Leo and I have a concern that I have question about. First I want to thank you in advance for a legal advice.

My wife worked in a Company for 2 years and has just passed a resignation last month. It was an immediate resignation like on the spot that day; the reason for that was because we had an issue with our nanny. So we decided to relocate back to province and had our things transported to province ahead before she passed the resignation letter the next day. The problem at first was that the Manager refused to sign the letter but later on after two weeks finally signed it. Now the HR says that my wife can not receive her final pay as stated on the contract that a 30k shall be imposed in the event that an employee can not render atleast 30 days of work. Can't we really have the final pay?

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2 Re: COE AND LAST PAY on Wed Jun 27, 2018 9:23 am

HrDude


Reclusion Perpetua
You can demand the Final Pay of your wife from the Company.

The rationale of the imposition of the 30k 'penalty' by the Company is for the 'damages' brought about by the immediate resignation of your wife. However, it is NOT automatic that the Company is entitled to it, even if the same is indicated in the contract. The latter has to prove that 'damage' ACTUALLY resulted by the immediate resignation. How? by filing a civil case in court.

If the company refuses to give the final pay, you can actually file a complaint with the DOLE. Again, the Company has to file a case in court first to prove that it is entitled to the amount.

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3 Re: COE AND LAST PAY on Wed Jun 27, 2018 9:34 am

Leo.abano


Arresto Menor
Thank you Sir for the reply. Another question that I have- do my wife needs first to process clearance prior to filing a complaint? Can the Company also sue us on this issue if we file a complaint against them? Thank you for the enlightenment

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4 Re: COE AND LAST PAY on Wed Jun 27, 2018 9:39 am

HrDude


Reclusion Perpetua
Yes, your wife has to process her clearance first for her to know if her last will be withheld.

Yes, the company can also file the civil complaint.

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5 Re: COE AND LAST PAY on Wed Jun 27, 2018 9:59 am

Leo.abano


Arresto Menor
Sir sorry to ask again. You mentioned Sir that the Company can file a civil complaint. What considerations does the court would take to approve their complain?

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6 Re: COE AND LAST PAY on Wed Jun 27, 2018 10:10 am

HrDude


Reclusion Perpetua
That's for the court to decide what considerations it will accept. However, as long as the complaint is with a valid cause of action, the courts will hear the same.

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7 Re: COE AND LAST PAY on Wed Jun 27, 2018 10:28 am

Leo.abano


Arresto Menor
Thank you Sir. You're awesome!

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