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

does my employer has the right not to release my last paycheck?

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

satri_1509


Arresto Menor
a customer of mine paid me checks for the materials he ordered. Unfortunately, the checks went missing and I get the blame. I was suspended then due to negligence. The customer issued a stop payment of the checks to his bank. I had been requesting the customer for a replacement but the money allocated for payment were spent and he no longer has the capacity to pay. Now I have placed my resignation and my employer is holding my last pay until the customer pays or at least until we get a collateral. Does my employer has the right not to release my pay? I never admitted it was my fault because I believe I didn't lose the checks. My employer even threatens that I will get to pay in behalf of my customer.

View user profile

attyLLL


moderator
if he does not release your pay, your remedy is to file a money claim at the 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

tadda


Arresto Menor
Good day, I'll give a disclaimer for my case. Sorry for this ''will-be-lame" question. I worked as a call center agent for 1.5 years. I resigned February 19, 2010 and have not filed an exit clearance until today due to med reasons. I also have not filed for COE. Question is: will I still get my separation pay from the company even after a year of not having cleared in case I'd file for a clearance this month? I also checked my sss account and found out that there are no contributions since day 1 to my resignation day.
THANKS AND MORE POWER!

View user profile

attyLLL


moderator
yes, you are still entitled to your last pay until 3 years from separation from the company. you can send a letter inquiring about your sss contributions and request for proof of payment.


_________________
[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

tadda


Arresto Menor
thanks, attorney!

View user profile

6 Whole month salary not paid on Tue Jun 07, 2011 10:36 pm

awesomenorms


Arresto Menor
Hello, I need legal advice regarding my situation. I have worked online for almost a year for someone. Pay has been okay but the last months before i resigned, salary has always been delayed until the time that my salary for the month of February this year has never been given to me. I am in Baguio city , my boss is in Quezon city, she ignores my email and messages in ym or skype regarding when she will give me my pay. Bad thing is, I haven't signed a contract with her. What can I do?

View user profile

attyLLL


moderator
how is your pay computed? is this a per order basis? can you describe the nature of your work?


_________________
[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

awesomenorms


Arresto Menor
I worked as an internet marketing assistant, we manage websites, search engine optimization, link building so we can rank the website on page one of Google based on a certain keyword. I am paid 15k per month and it's given every 15th and 30th so that's 7500 every payday. I hope I have answered your questions correctly.

View user profile

attyLLL


moderator
your remedy would 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

awesomenorms


Arresto Menor
Thanks for the reply Attorney, my next question is, do you think that it will be worth it, with the amount that I will be claiming? It's okay if I get only around 10k.

View user profile

attyLLL


moderator
i've see laborers go to nlrc and settle to receive P700. it's totally up to you


_________________
[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

awesomenorms


Arresto Menor
Thank you Smile

View user profile

Ella22


Arresto Menor
Hi,

I work as an accounting assistant as a contractual then give the position for the system assistant. though i lasted in that company for 2 years as a  contractual. On the days of my turnover, we have a lot of deadlines for the audit and accounting jobs and even work for saturday's and sunday's until my last day came. I already process my clearance turnover all the equipment i have. though i didnt completed to turnover the system. Turnover the system means doing all documentation they need. because its only me who knows how to set up anything the system. I did this but, as days passes by, they notice that they need more set up and the documents i made for them is not enough.

They signed my papers because they thought someone who is knowledgeable than i do will replace my position but that person didnt come. Then after I resigned, one from IT department also resigned who is also connected to the system. So there's 2 of us who is on hold.

They want me to render more days to complete the documentation since there's no one for me to pass it to. And it is part of my turnover and NO PAY so they can release my final check.

In my contract, i signed as an accounting assistant.
My Manager signed it and HRD also.

But, the Finance manager hold until i finnish all the documents they need that will last for maybe a week or more with NO PAY. To which i cant because i already have job.

What should I do? Please Help

View user profile

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