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Separation Pay and Quit Claim

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1 Separation Pay and Quit Claim on Mon May 02, 2011 3:23 pm

badsaintz


Arresto Menor
good day to all, i would just like to know if i was given the legal amount for my separation pay
i was a teacher for seven (7) years in a private school and just recently i tried to negotiating for an increase and since they think i was asking too much they replaced me with two (2) new faculty member.
eventually i was push to an early retirement/termination nonetheless its okay but my query is,
is Php 10, 000.00 Legal Amount for my 7 years of service with a monthly salary of Php 7, 200.00?
i would also just like to add that they ask me to sign a quit claim? which i did!
can you please shed more light to the case... thanks

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2 Re: Separation Pay and Quit Claim on Mon May 02, 2011 6:12 pm

attyLLL


moderator
it isn't just the number of years. please check this discussion and see the basis for being a full time teacher and becoming regular: http://www.pinoylawyer.org/t2753-illegal-dismissal


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3 Re: Separation Pay and Quit Claim on Mon May 02, 2011 6:46 pm

badsaintz


Arresto Menor
after reading entries from the link provided

Section 45. Full-time and Part-time Faculty….

Full-time academic personnel are those meeting all the following requirements:

a. Who possess at least the minimum academic qualifications prescribed by the Department under this Manual for all academic personnel;

i'm a thesis away from completing my MSIT



b. Who are paid monthly or hourly, based on the regular teaching loads as provided for in the policies, rules and standards of the Department and the school;

i have more than the allowed (maximum) teaching load of CHED

c. Whose total working day of not more than eight hours a day is devoted to the school;

Yes, sometimes even more

d. Who have no other remunerative occupation elsewhere requiring regular hours of work that will conflict with the working hours in the school; and

No, i don't have one


e. Who are not teaching full-time in any other educational institution.


No, i don't teach elsewhere

All teaching personnel who do not meet the foregoing qualifications are considered part-time. (Emphasis supplied.)


with these information, is the amount given to me fair/Legal?

i'm not trying to break the wall of my former institution, all i want is to get what the law says fair and legal.

i have devoted so much time for the school, won competitions both academic and sports, received awards from both my institution and the community i think thats more than satisfactory for me Embarassed

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4 Re: Separation Pay and Quit Claim on Thu May 05, 2011 3:27 pm

attyLLL


moderator
In that case, you ca n file a complaint at the nlrc for a money claim. why did you agree to accept only P10,000?


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5 Re: Separation Pay and Quit Claim on Fri May 06, 2011 1:14 pm

badsaintz


Arresto Menor
attyLLL wrote:In that case, you can file a complaint at the nlrc for a money claim. why did you agree to accept only P10,000?

honestly atty i don't know why! maybe i was not attending to what i'm doing. silly me, it took me a day after to realized what just happen.

I'm planning to meet next monday the admin/owner of my former school to say goodbay and inform them of what transpired (they are Chinese) they might not know what happen. they even ask me not to leave their school during our graduation rites. that's why i'm a bit surprised that i was replaced by the our college dean.

one more thing sir, i was not informed nor given a notice of termination. thank you on your reply.
do you think it would be a wised move atty? i really would like to protect the institution name.

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6 Re: Separation Pay and Quit Claim on Fri May 06, 2011 9:22 pm

attyLLL


moderator
i believe on paper, what will appear is that you voluntary accepted a retirement package. how was this early retirement/termination done to you?

talk to the owners, but if they don't give you a solution, your remedy is to file a complaint at nlrc. your argument is that a waiver cannot effectively bar you from receiving what you are legally entitled to.


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7 Re: Separation Pay and Quit Claim on Mon May 09, 2011 11:13 pm

badsaintz


Arresto Menor
attyLLL wrote:i believe on paper, what will appear is that you voluntary accepted a retirement package. how was this early retirement/termination done to you?

talk to the owners, but if they don't give you a solution, your remedy is to file a complaint at nlrc. your argument is that a waiver cannot effectively bar you from receiving what you are legally entitled to.

thank you again attyLLL, just this afternoon i tried to meet with my former bosses but due to typhoon bebeng the meeting was postponed on another date (i hope soon) but my former Dean wanted to talk to me luckily an insider tipped me that all he wanted was to threaten (me) not to file any case since i already sign a quit claim glad i did not go.

thinking of filling a complaint really dampens ones lively and stress free life but thanks to all the individuals (professionals or not) like you it really helps us/someone seeking advice with somebody in authority Very Happy

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8 Re: Separation Pay and Quit Claim on Fri May 20, 2011 10:35 am

badsaintz


Arresto Menor
good day attyLLL just a few days ago i had a meeting wiht the owners/admin and since they are fil-chinese they ask me to wait until the 28th of this month so they can ask/talk it out among themselves and hopegfully it will result positively
i'll keep you posted thanks Very Happy

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9 Re: Separation Pay and Quit Claim on Fri May 20, 2011 9:06 pm

attyLLL


moderator
badsaintz, it may be a good idea if you come up with your own computation for your last pay. good luck.


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10 Re: Separation Pay and Quit Claim on Tue Jun 21, 2011 8:38 pm

badsaintz


Arresto Menor
attyLLL just to inform you after three meetings they finally gave in to my request but i did not opt to return to my former position/job it will only cause more problem to me and for the school....

thank you for the advice, this wont be the last Very Happy

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11 Re: Separation Pay and Quit Claim on Thu Jun 23, 2011 8:34 pm

attyLLL


moderator
good for you for fighting to enforce you rights.


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