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What happens when a resigned employee was still permitted to work after the resignation date?

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HansNCarol


Arresto Menor
I would like to seek your legal opinion on my pending last claims from previous employer.

Item No. 1 below - I believe i have the right for money claims under the Philippine Labor law and the prescription period for this is three (3) years.

Item No. 2 below -
Is it right for me to demand payment for the "worked days" spent for the turnover even if the work was beyond my resignation date?  
Is it LEGAL for my previous employer NOT TO PAY my demand?

I hope to get your feedback as I am planning to send a FINAL DEMAND LETTER to my previous employer and this matter will be elevated to the Company President.   In case I will get an unfovarable response from them, I will have no choice but to bring this issue to DOLE.

My resignation date was on January 19, 2018.   I observed the 30-day notice rule.  Unfortunately I did not have the chance to work on the turnover report until my last day as  my immediate superior required me to still perform my regular tasks. Per company policy, the remaining two weeks of employment should be spent for the turnover process.  But since there was no turnover report preparation and no actual turnover that took place, I had a verbal agreement with my immediate superior that I would be allowed to return to the company during Friday nights and Saturdays so I could comply with the turnover report preparation and turnover procedure.  

I requested to bring home the company laptop (which 40% of the cost was completely charged to me and was fully paid via salary deduction in 2016) so i could start working on the turnover report but i was not allowed to do so.  I was only allowed to stay in the office only when there would be an available employee from HRD who would accompany me in the office while i work on the turnover data (sorting, filing, labeling of files and encoding the report).

Below is the calculation of total hours spent for the turnover report preparation and its equivalent number of days from January 20 to April 14, 2018:

142.50 hours = 17.81 days
this excludes the hours spent on friday nights, beyond 6PM
this does not include "overnight hours spent for work" every saturdays until morning of Sundays.
hours spent at home for reports they need as part of the transition were not counted in the 17.81 days
Lunch breaks and time spent for dinner were excluded in the computation of "worked hours".

The total number of hours spent within the official working schedule, i.e. from 9AM to 6PM is equivalent to 53.18 hours or 6.65 days. These days spent for turnover related work for my previous employer were recorded via HRIS.  I have secured all my DTR logs (In and Out)

On May 9, 2018 I sent a formal letter of request to my previous employer to release my last claims on or before the last day of enrollment of my Son which was on June 5, 2018.  To assist them in the process i sent them the details of my DTR with computation of pay for their validation.  Only partial payment was released to me as they failed to validate all the details of my back pay.  Please note that even before my last day I already requested for the computation of items that would be deducted from my pay.

Sharing with you the email messages between me and my previous employer. Those in BOLD LETTERS were the reply to me of my former superior on July 24 regarding my inquiry on the unreleased balanced of my last claims.  

I have added my side comments per item below for your understanding and reference.

****************

Good afternoon,
Addressing concerns which falling under me as follows:

Sir,

I did resend all the necessary documents via email to your gmail account this morning.

There are few items left for final validation / action:


1) Pay reversal of both BASIC RATE and ALLOWANCE for the unpaid worked day, i.e. Nov. 9, 2017. - THIS SHOULD HAVE BEEN SUBMITTED DURING THE RELATED CUT-OFF PERIOD.  I CANNOT APPROVED ANY REQUEST ON ATTENDANCE EXEMPTION SUBMITTED BEYOND YOUR RESIGNATION EFFECTIVITY.

MY ADDITIONAL COMMENTS:

The biometrics logs on Nov 9 were evident in the HRIS timekeeping but the timekeeper's payroll record showed i had no TIME IN and no TIME out, that is why, this was deducted to my pay.
The people in charged or timekeeping and payroll (the secretary of the President and the Assistant Controller) never issued a PAY SLIP to me nor communicated the details of my pay via email.
Before my last day i did request from the timekeeper to send me my Daily Time Record but i was only provided in April 2018.  
I was able to check the UNPAID day only in April and ensure that correction on the time record as basis for the last claims computation were made.
I was able to prepare the computation of my pay and forward the details to my superior for his approval on May 9, 2018.  
I did not get any formal reply from them regarding my request for the last pay computation and items despite several follow ups.  
Those in BOLD FONT reply was the first and only email message and communication i got from my former superior.


2) Payment for the 6.65 days spent for turnover since i did not have a chance to work on my turnover before my last day. My remaining days were spent for the regular tasks and not for turn-over. - I CANNOT APPROVE THIS FOR REASON THAT YOUR OUTPUT DURING YOUR VISITS AFTER YOUR RESIGNATION ARE NO LONGER MONITORED AND ALSO, IF I WILL ACCUMULATE THE NO. OF HOURS YOU'VE SPENT DISCUSSING YOUR TURNOVER TO ME, WE BARELY SPENT 2 TO 3 HOURS.

MY ADDITIONAL COMMENTS:
All the turnover reports were submitted and discussed with my immediate superior.
7 big boxes of files (hardcopy) were all endorsed to him
Soft copies of the reports and all files i had for my two years employment were all endorsed to him
201 file of those resigned employees from 2013 as required by him were retrieved, sorted and filed properly.  I was hired only in Oct 2015.
These days could have been spent with my son as I am a SOLO PARENT but i was deprived of my personal time with my son in fulfillment of Turnover Obligation for my previous employer.


3) Laptop deduction computation.  Can you please provide me the details so that I will understand why it increased from 6K+ to 7K+?  My computation is only around 5K, Sir Erwin's computation was 6K+ and yours was 7K+ -ERWIN CAN PROVIDE YOU THE FINAL COMPUTATION WHICH IVAN USED AS BASIS.

MY ADDITIONAL COMMENTS:
Payment of the depreciated cost as part of the company policy is okay with me.  What is not okay is not getting feedback on my inquiry about the details of ifs computation. I could have taken home the laptop unit if fully paid but could not do so since no details of the final computation for payment was sent to me until now.


4) How about my GLOBE BILLING and Employee Death Assistance deductions? It was not included in the file that you sent me on July 4, 2018.

MY COMMENT:
No feedback despite several follow ups even before my last day or official resignation date.
         
       
5) Regarding the laptop charging of depreciation cost, will i shoulder the depreciation cost from January to July 2018 even if the Dell unit was not issued to me yet and it is still being used by the company? Just a thought for clarification. -  DEPRECIATION HAS ALREADY BEEN STOPPED SINCE THE TIME THAT YOU CONFIRM YOUR INTENTION TO BUY.  THE LAPTOP IS NOT BEING USED SINCE YOU HAVE TURNED OVER IT, IT IS JUST LOCKED INSIDE THE CABINET SUBJECT TO BACK UP AND IT CLEAN UP BEFORE RELEASE ONCE SETTLED.

My Comment:
No feedback yet from Mr. Ivan who is in charge of payroll / back pay computation.


I HOPE TO HAVE ADDRESSED YOUR CLARIFICATIONS AND LOOKING FORWARD TO THE ULTIMATE CLOSURE OF THIS FINAL PAY COMPUTATION.

THANK YOU.

Thanks and hope to finally sign the quit claim form, get my Certificate of Employment and Dell laptop soon.

I will wait for your feedback.

Kind regards,



Last edited by HansNCarol on Mon Aug 06, 2018 9:11 am; edited 1 time in total

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lukekyle


Reclusion Perpetua
1. yes you have the right

2. they have to pay you even when the work occured after your resignation date. the work has to be authorized by your superior. you should also prove that work was performed during those times. log in log out confirmations should suffienctly prove that you went to work.
3. how much compensation are you asking for? if you are only after 6+ days i would suggest you just let it go since you will be spending more than 6 days attending hearings if you file a complaint. its a different matter though if you are just fighting for “principle”

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