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Backpay and ITR

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1 Backpay and ITR on Mon Aug 15, 2011 8:09 am

bluegreenbubbles


Arresto Menor
Good day! i resigned from my previous company 3 months ago and I immediately processed my clearance after my resignation. on our handbook, it says that the backpay is given within 1 month of clearance.

However, they were able to give the COE after a month since they're saying that the HR manager is out of the country. Another thing is, they can't give us our clearance, ITR, and backpay as of this writing because they're claiming that the company currently has no accountant to take care of the matter. it's been 3 months and we can't get any word from them as to when our backpays would be released.

to add, we were asked to extend the usual 30-day notice to 45 days and yet, we weren't given the salary for 1 cutoff since we left a day before payout.

please advice. thank you!

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2 Re: Backpay and ITR on Wed Aug 17, 2011 5:36 pm

attyLLL


moderator
if you haven't already, send an email requesting for release of these docs within 1 week or else you will be forced to take legal action.

after that, your remedy is to go to nlrc to file a complaint.


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3 Re: Backpay and ITR on Fri Aug 19, 2011 12:38 pm

palaban1022


Arresto Menor
Good day. I just need some advice regarding two concerns in a particular labor case. The case is basically about money claims. Here are the two concerns:

1. Respondent is saying that they've already paid the complainant what is due to him (after recomputation of final pay) and they presented a payslip as an evidence. For the record, no payment has ever been made. I'm 100% sure they can never present any document like a deposit slip, a cancelled check made to my name, or a receipt with my signature if cash may have been used to pay me what is due to me.

2. The resignation letter that they presented is not the one that I had signed (it doesn't bear my signature). Also, the effectivity date is not the same in my version which bears not only my signature but also that of my supervisor and manager.

What are the possible cases for presenting "fake/bogus" documents? I'm looking forward to your reply. Thanks and more power!

P.S. I was no longer an active employee for 6 months already when the alleged "payout" happened.



Last edited by palaban1022 on Fri Aug 19, 2011 12:46 pm; edited 1 time in total (Reason for editing : inserted a post script)

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4 Re: Backpay and ITR on Fri Aug 19, 2011 5:13 pm

attyLLL


moderator
palaban, aren't you already represented by counsel? did you already file a position paper?


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5 Re: Backpay and ITR on Fri Aug 19, 2011 5:25 pm

palaban1022


Arresto Menor
I'm representing myself. We've already submitted our respective position papers "kaliwaan" and I was surprised with their claim that they had already paid me. During the settlement phase, they never mentioned about that. In fact they were open for a settlement.



Last edited by palaban1022 on Fri Aug 19, 2011 5:28 pm; edited 2 times in total (Reason for editing : typo error)

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6 Re: Backpay and ITR on Sat Aug 20, 2011 11:02 pm

attyLLL


moderator
be careful, there are some respondents who resort to falsification of evidence.


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7 Re: Backpay and ITR on Sun Aug 21, 2011 10:07 am

palaban1022


Arresto Menor
Apparently that's what they are up to. So does this fall under falsification of documents? Thanks in advance for your reply.

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8 Re: Backpay and ITR on Mon Aug 22, 2011 4:49 pm

bluegreenbubbles


Arresto Menor
attyLLL wrote:if you haven't already, send an email requesting for release of these docs within 1 week or else you will be forced to take legal action.

after that, your remedy is to go to nlrc to file a complaint.

hi attylll! do we have sample letters of such here because i have no idea how to make these type of letters. i want to be careful as much as possible with the words since they might take it against me. thank you!

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9 Re: Backpay and ITR Today at 5:40 pm

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