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Unpaid Salary settlement

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1 Unpaid Salary settlement on Thu Jul 05, 2018 2:55 pm

JohnDoeJoseCruz

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Arresto Menor
Hi, I'd like to seek some advice or information regarding an incident that happened to one of my new co-workers.

This is what happened:

Back in late 2015, he worked as a security personnel in a small company. After a month or two, he did not receive any of his salary up until early 2016. He worked for a total of 5 months without being paid properly. He took this case in DOLE with an Attorney, the said employer went into hiding and was recently found. The employer did not attend the court summoning for the said case and an order was sent to the employer of him requiring to pay the missing wages, damages and attorney fees.

He was informed that he had to pay from June 25 to July 10 and that the settlement was non-appeal-able. He has the following questions for the incidents.

1. What happens if the employer still does not show up to pay the required amount?
2. If he goes into hiding once more, will the government compensate him for the lost wages? or will the compensation depends entirely if the employer settles the court fees or not?
3. What happens if the employer does reaches out to the attorney but informs him that he is unable to pay for the damages? Will the government imprison him or liquidate his assets?
4. Implying that the employer does pay for the damages, when will the amount be credited to him?

Thank you for taking the time to read this, I'm sorry if I could not make the question any more clear or coherent. I'm not familiar much with the Law and all the information was told to me by my co-worker.

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2 Re: Unpaid Salary settlement on Thu Jul 05, 2018 5:12 pm

lukekyle


Reclusion Perpetua
2.the govt will not pay, the authorities will try to find him but in reality you need to find him to make him pay.

3. no imprisonment unless ordered by the court. you can file to have his assets seized but you will have to identify them first

4. most likely the employer will pay by check

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3 Re: Unpaid Salary settlement on Thu Jul 05, 2018 5:19 pm

JohnDoeJoseCruz

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Arresto Menor
lukekyle wrote:2.the govt will not pay, the authorities will try to find him but in reality you need to find him to make him pay.  

3. no imprisonment unless ordered by the court. you can file to have his assets seized but you will have to identify them first

4. most likely the employer will pay by check

Thanks for the response, in regards to the third question, what is the procedure for filing his assets to be seized? Will it be applicable if the employer comes forward informing the parties that he is unable to pay?

What if the employer still hasn't attended but his businesses are still active? Can they be forced to shutdown or be liquidated even if he's not present?

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