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resign or wait for the closure of the company?

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Jians1001


Arresto Menor
Hello!

My friend opened a business nearby the village and hired me as his admin officer last February 2011. We also agreed as to how much will I receive monthly divided on 2 paydays, 5th and 20th. He also hired 9 other staffs to fill in the needs for the business. On 1st month of the business, he can pay our salary on time, but the later, there are like 1-2 or 3 employees who were not paid on the desired date or they will get only a partial salary. Lagi po nya kasi sinasabi na hindi po sya nakasingil or post dated daw po ang cheke. Coming April, he set the rule if the task was not accomplished, wlang sahod at dumating na rin po yung time na kahit ako hindi na nya pinasahod kasi ako daw po ang may responsibility sa mga staffs. Yung reason po nya na yun ay ginagamit nya infront of the staff para daw po maawa cla sa akin para tapusin ang task ng empleyado pero sa akin sinsabi nya na be condsiderate, kulang pa kasi pera ko. Now, 2 na lang po kami sa business nya na naiwan, ako at yung boy nya... and until now, paunti-unti rin po ang pagbigay ng sweldo sa akin. starting June 1, hinahanapan nya na rin po ako ng kung anu-anong reports for his business. Binigyan nya ako ng timeline na so imposible to beat kasi malapit na po ang sweldo nun which was last June 5. Yung mga alibis po na gnagamit nya sa tao, gnagamit na rin nya sa akin. ano po kaya maari kong gawin dito. dun sa mga tao po na pinahinto nya s awork almost po clang lahat hindi pa nakukuha yung 1 mo. salary. may isang employee din po kc kami na nagdedemand din ng 13th mo pay and separation pay.

On my part po, gusto ko na rin magfile ng resignation kaso baka hindi ko lalo makuha yung remaining pay ko from him tulad nung 3 employees nya na nagresign last March.

please advise. thank you.

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rchrd


moderator
These are not yet really part of my advice. Just read and consider.
IF I WERE IN YOUR PLACE, THIS IS WHAT I MIGHT DO:
Because he is my friend, I will do my best to save our friendship by getting out of the business. I can see from where I am now that the business is not going right but my friend/employer cannot tell me to leave.

On the legal point of view, you could sue your friend for constructive dismissal due to unbearable conduct. other facts as given, can be raised and claimed in the labor suit => non-payment of/delayed wages, 13th month pay, SSS and possibly Philhealth and BIR issues. At the end of the day however, after you have sued your friend, what will be the score? Most possibly, ganito siguro ang situasyon mo:
1. You won your labor case;but
2. Your labor case victory is meaningless because:
a. You have nothing to collect from your ex-friend/ex-employer;
b. You spent whatever savings you had in relation to the case/s you filed.(Atty's fees and other related and even remotely related expenses)
c. You wasted your time. (you could have spent your time looking for another job)
d. You wasted your health. (Stressing ang may kaso. You asked for it or not)
e. I LOST A FRIEND AND turned a pitiful, insolvent friend into a FOE.

If were in your situation, I will just consider it a learning experience; kindly tell my friend that I don't like to see our friendship vanish because of the situation; even ask forgiveness that i was not able to help make the business flourish; then ask him to accept my resignation.
- - - - - - - - - - - - - - - - - - - - -- - - - - -
MY ADVICE: 1. Pray for and help your friend in the most Christian way you know. 2. Consider my thoughts and see if you can adopt them too.

Hope I have helped any little way. God bless you both.

Tell this forum If the Lord had blessed you with the job you have prayed for.
Smile



Last edited by rchrd on Fri Jun 10, 2011 3:00 pm; edited 1 time in total (Reason for editing : spelling)

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Jians1001


Arresto Menor
Thank you very much rchrd for your comments and advice. I will consider these things as part of my decision.

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attyLLL


moderator
if you are no longer being paid, you can file your resignation, serve out your notice period, then file a money claim at nlrc if he fails to pay.


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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.
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Jians1001


Arresto Menor
Thank you attyLLL for your advice. It's big help for me to decide.
More power to this website!

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robertb


Arresto Menor
Good morning. Your friend's business is barely existing for 4 months and it seems its not doing very well. Kung ikaw ang bread winner ng family at di ka pinapasueldo then I think you should find another job and resign. In case he fails to pay your last salary you may file a complaint in nlrc but be ready to present your proof of employment and other documents. (encourage the other staffs to join you para may kahati ka sa gastos and to boost your moral kasi may kakampi ka)

I suggest you put everything in prayer before you decide on what to do. God bless

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Jians1001


Arresto Menor
hello again... my employer emailed me these ... i havent serve my resignation yet but as far as I know hinahanapan na nya ako ng butas para hindi nya ako bayaran ...

"I am so disappointed of your behavior (as my office administrator) lately - especially with your mobile text messages . The mere fact that you took it by yourself to decide whether you would come for work or not, it was very disrespectful. You have been acting so unbecoming of an administrator. I don't want to enumerate the occasions on this letter since I don't have the time to do so as of this moment. But I will, later.

I have been so busy with projects to generate income. If you could've armed yourself with the right work attitude despite of the delay in your salary, my workload should have been lighter. Least, you could've asked me on how you could assist me to make things possible to serve the best interest of my company. Further, I saw in you a similar behavior from our former employees which brought me missed opportunities, disappointment and financial losses as well.

Since you mentioned that you are taking a leave of absence indefinitely until we talk about your employment status, hence, wait for my advice through this email thread on my availability for a meeting and clearance with my comptroller. I will demand from you documents that should have been in my office's custody during the time that you have been compensated - I know that you understand what I am driving at.

Last week, you mentioned about fairness, I will let you witness how fair I am especially with releasing salaries.

I have very important things to do to sustain this business venture and support my family's need as well".


... let me hear your thoughts about this pls. thank you.

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attyLLL


moderator
what's this leave of absence indefinitely? that can be construed as abandonment. how many months salary is owed to you?


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[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.
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Jians1001


Arresto Menor
attyLLL wrote:what's this leave of absence indefinitely? that can be construed as abandonment. how many months salary is owed to you?


Atty, eto po yung email ko sa kanya

"I would like to confirm if you are receiving may text messages regarding my absences. I haven't receive any reply from you. I don't want to be tag as NCNS (No call no show) or AWOL.

Further more, please advise me of your plans for your business and if my services are still needed. My financial obligations are being affected by the non-payment of my salary on time and such put me in debt. Please understand that I, too has a family that I need to support."

eto naman po yung reply :

"I will just finish the things that I need to finish today, and the things you should have done for the best interest of this business. I will try my best to accomplish it so I could sit down with you and discuss matters objectively."

sinagot ko po sya uli, since wala na po akong panggastos at ndi na ako makautang...

"I'm going to take a leave of absence since I don't have any money to spend for my meals and transpo in the office. This will be indefinite until we talk about my employment status."

sa text po last sunday, sabi po nya, June 8, may cheke sya na ma-encash but not all makakakuha ang sweldo... tas kanina po nag-follow up po ako sa kanya thru text, sa email na sya sumagot... yun po yung email nya na 1st posted ko po. almost 2 mos po yung ndi ko pa nakukuha kasi staggard sya magbigay po.

tumawag nga po ako sa kanila, ayaw rin po nya akong kausapin at yung wife nya ang sumsgot at nangako na she will inform me last wed evening kung ano na napag-usapan nilang mag-asawa but until now wala po akong narereceive.

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