Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

BACK PAY ISSUES

View previous topic View next topic Go down  Message [Page 1 of 1]

1 BACK PAY ISSUES on Thu Apr 07, 2011 8:21 pm

christinaallauigan


Arresto Menor
Hi Attorney,

Good evening. I'm a call center agent and I would like to ask assistance regarding my concern with my final pay from my previous company. Prior to my resignation date on January 21, 2o11, my employer already held my pay for January 15 even though I haven't submitted my resignation papers. They said they are holding it due to my frequent absences. I explained that those absences were due to sickness supported by medical certificates I submitted to them. What's more suspectful was that I was tagged AWOL even if I have notified and spoke with one of their supervisors. I waited till January 16 hoping that they would debit my pay to my payroll account but they did not. I felt hopeless and it made me resign. I indicated my willingness to render 30 days notice on my resignation letter but my manager suggested that I render work until the end date of my bond which was January 21st. I was hesitant to accept his offer thinking that it might cause conflicts on the computation of my final pay but I agreed anyways and I thought they were just being good to me since I was studying as well. I submitted all the final requirements and had gone through the necessary process to get cleared of my obligations with the company. The HR promised that the final pay shall be released maximum of 2 months. I keep following up regarding my final pay since I need it for school but the HR personnel said that my final pay was so low that it turned negative. I explained that it could not be since I did not receive my pay on January 15 and I have several disputes and unpaid over times and holiday pays on December. She informed that I was included on the January 15th payroll which is impossible since I didn't get anything. so it took her another 3 weeks to have it fixed. Then came the day of the release of the check. I was really disappointed since it was so low. It seems that I didn't work there for almost 2 years. When we checked my payslip for December 30th, it turned out that my overtimes and holiday pays were not included there, and several days seem unpaid still. So they did not release the check and she said that it needs to be recomputed. Also, it seems that I didn't get to have any tax refund for the year and I'm still liable by P650.00 which is strange since from the previous years I got almost 5K worth of tax refund. Also the payslip said that it is for Dec 15-Dec31 period but the pay was released December 28. So how could the December 29-31 be computed if it has not been rendered yet? I have a copy of my attendance and my payslips and it seems that the company has not paid me my rightful salary from the past months. Right now, I am making several follow ups on this, but the HR is not responding to my queries. I'm not the only one encountering the same problem. Other resigned employees also have issues like this.

Should I file a complaint against them?

Is what they did to me legal? holding my pay just like that?

It caused me so much delay and I can't proceed with my operation without the money... I need help... Please advise. Thanks in advance...


Yours,

Chris Sad

View user profile

2 Re: BACK PAY ISSUES on Fri Apr 08, 2011 11:51 pm

attyLLL


moderator
i recommend you send them a last email that you will file a complaint at the nlrc, and actually do so if they do not respond.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

3 Back Pay Issue 2 on Tue Mar 06, 2012 2:14 pm

sakuragi22


Arresto Menor
I've work with my former employer for 16 years. 10 years of which was with my original post, however when the company entered into a new business they pulled me out and offered me a new position but in the premise that I need to resign since it’s a totally different company. I know that there's an illegality into it but I was helpless since I got family to feed & looking for another job would be very difficult. But all what's due to me (retirement fund, leave conversions etc) were properly given.
Six years have passed and I decided to resign last January 31, 2012 since they've lost the business where I am employed. It's almost 1 month since I resigned but until now I never heard from them regarding my last pay, retirement fund, leave conversions & commissions from Nov. 2011-present and other receivables. Their alibi was they're holding the release since I still have balance with the car plan I availed as part of the benefits I enjoyed with the company. The car plan contract was 48 months & I was only able to pay 1 year & 4 mos. They wanted me to pay the balance in cash. From what I know it was a privilege given by the company to their employee, thus I have the option to buy it in the event I resign. Initially, I have the intention buying it since the car would serve as my memento for working with the company and agreed that the balance be deducted to my back pay. But it’s been a month now and I never heard from them, with the things going I decided to just return it to the company. Am I still liable to pay them the balance?





View user profile

4 Re: BACK PAY ISSUES on Fri Mar 09, 2012 9:06 pm

attyLLL


moderator
can you show documentation about this car deal? if not, the better option may be to file a money claim at nlrc


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

5 Re: BACK PAY ISSUES Today at 5:55 pm

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum