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Timelines after Pre execution hearing, separation pay and benefits

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MultipleIssues


Arresto Menor
Won a labor case. Decision is final and executory. Company filed appeal at nlrc and still won although backwages was taken out. 11 months now since original decision which was upheld recently (reinstatement). Out of 11 months was only paid 2 months salary for reinstatement by payroll. Filed motion for execution and pre execution  hearing is on 16.
1. After pre execution hearing, how soon will the payment be available?
2. Original decision was august last year.was only reinstated by payroll march and april, since decision was upheld, does the computation include the other months before I was reinstated by payroll?how bout bemefits?(VL conversion w/c we have, accrued allowances, and pro-rated 13th month pay)
3. No longer wish to work with them, is there any proof I have to give to claim separation pay in lieu of reinstatement

Asking because I would need this money to settle hospital bills that are rising everyday im unable to pay hospital in full.

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Patok


Reclusion Perpetua
usually pag nag appeal yan may bond na binbigay diba? so dapat nakuha mo na yun kung natalo sila sa appeal?

If reinstatement ang decision, then you have to go back and work, unless yung company mismo magsabi na reinstatement is not possible anymore and babayaran ka na lang nang separation..

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MultipleIssues


Arresto Menor
Thanks for the reply. Sa Arbiter, reinstatement and backwages, nag appeal sila sa DOLE, modified decision. No backwages, reinstatement lng. Not sure if yung bond (if meron)can only be applied to the backwages award part which was overturned. But since ng initial decision for reinstatement, nag accrue ulit ako ng backwages. Sa separation issue naman, I've accumulated too much bad experience that even of I work for them again, all I can think of is yung hirap na dinanas ko habang nag aantay magkaron ng decision yung kaso. It makes for a very negative work environment and I do not trust them to keep my best interests at heart. Hindi lng ako sure if that would be enough reason to merit a complete separation from them. Idea is this time I'd have something to start over with, as compared ng tinanggal nila ako ng basta basta. Hindi ako makakilos dahil kung anuman natira sakin ng panahon, kinain ng bills agad and since naubos yun, i've been crawling forward day to day. This time I have a chance to start anew.
Aside from that,my wife recently gave birth prematurely and would require my assistance at home in the coming weeks. I also lay this down on them since she is still working for the same company.
BTW, both sides have an appeal ongoing,me to uphold 1st decision and them for complete reversal.

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Patok


Reclusion Perpetua
did you bring this up don sa arbiter na you don't want reinstatement.

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MultipleIssues


Arresto Menor
During mediation I only wanted reinstatement or reversal of status from terminated to resigned. To get a fresh start.that was 2 yrs ago. Loan rates became higher,bills got bigger and life became harder. Now, when im reminded of the things i had to go thru, i have nothing but resentment for them. I can man up and suck it up, but if i do that, i'll probably end up worse than i satrted. Just trying to have a fresh start, without having to be connected to them. Of all that's happened, going back would probably do me more harm than good in the long run. If I did really win reinstatement on the case, it would come as a punishment for me not to be given a choice. Also, both of our appeals, me for backwages and them complete turnover of decision would probably increase our animosity towards each other. It would not be a safe and conducive workplace for someone like me to be in. They actually got off scott free in this,me drowned in debts for the last 2 yrs and them just letting me work with them again and probably try to do a variation of the same once more. If possible, I would like to avoid anything that may spark into trouble, it's better to be safe rather than find out the limits of what I can take. Besides, I just plain dont trust them anymore to hold my best interests at heart. If there's a way to present evidence of the psychological damage I got during these past 2 yrs I will oresent it. Provided I wont shell out any more cash than I already have. Decision states no damage payment awarded to me, i'll try to appeal until all appeals are exhausted if it still doesnt work. I'll have to live with that, but i dont want to live thru working with them all over again. I dont see anything gud happening even if I try to force or fake it.

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Patok


Reclusion Perpetua
for the past 2 years during this hearing, you did not apply for another job?

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MultipleIssues


Arresto Menor
Of course I did. But if you have a position and applying for the same position somewhere else, a bad background check will get u nowhere. Previous jobs I held lasted from weeks to just months. I was even shown the review that my previous company gave me. So if I base it on that, going back would shut them up clearly showing I won. But then again, family comes 1st. Instant gratification doesn't give long term security. Only have 3 Q's. Timelines, what's included, and eligibilty for separation in lieu of reinstatement. What I did, during those times shouldnt really be part of the case right? Does having a side hustle all these yrs affect anything in the case? Doesnt sound fair.

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MultipleIssues


Arresto Menor
Appreciate your view, it gives me something to prepare for. All I want is to get what is rightfully mine, and move on while my counsel handles the appeals.

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attyLLL


moderator
what does your lawyer say?


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MultipleIssues


Arresto Menor
Have to wait and hear what other side would say. Impt is what was decided formally should be followed. Hearing date moved, and base choices from whatever is offered on the table. From what i understand anyway.

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