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Clearance for AWOL employees

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1 Clearance for AWOL employees on Sat Sep 10, 2011 6:05 pm

Sprinkles


Arresto Menor
Hi! good day,

I wanted to ask if i can still do clearance with my previous work eventhough i was considered AWOL? i am now working for a different company. I did not receive any report to work order from my previous company. Now i want to get cleared from them. And will am i also entitled for my back pay if i will be able to get clearance?

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2 Re: Clearance for AWOL employees on Sat Sep 10, 2011 6:06 pm

nenette


Arresto Menor
as my experience, yes you can.

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3 Re: Clearance for AWOL employees on Sat Sep 10, 2011 6:09 pm

Sprinkles


Arresto Menor
How can i do it? How did you do it?

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4 Re: Clearance for AWOL employees on Sun Sep 11, 2011 10:02 pm

attyLLL


moderator
a company who will issue that will be very lenient. what others do is to file a complaint of illegal dismissal if only to get the company to issue one and pay final pay.


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5 Re: Clearance for AWOL employees on Wed Sep 14, 2011 11:44 pm

louie_12


Arresto Menor
Hi,

I send a message to my employer that I'll be absent for two days prior to my last day in the office tru email, I didn't make a call or texted my boss. Is this valid or legal because they sent me an AWOL letter thru courier. Second, how can I clear myself because they will surely put it in my 210 file. .

Need some advice . . thank you

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6 Re: Clearance for AWOL employees on Thu Sep 15, 2011 11:50 pm

attyLLL


moderator
go back to work and file your written explanation. explain that you sent an email.


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7 Re: Clearance for AWOL employees on Fri Sep 16, 2011 4:04 pm

adc2011


Arresto Menor
ask ko lang, nag file ako ng resignation at yung remaining 15 days ko ginamit ko yung vl at sl ko, but the employer said AWOL daw ako, may karapatan pa ba ako sa benefits ko? makakakuha ba ako ng clearance? pano na yung back pay ko? please help me...confused ako kung magpapa notaryo pa ako ng quit claim...thank you.

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8 Re: Clearance for AWOL employees on Fri Sep 16, 2011 8:15 pm

attyLLL


moderator
you are entitled to any days worked which have not yet been paid, your tax refund if any. clearance depends on the employer. if you did not render 30 day notice, you may be liable for damages.


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9 Re: Clearance for AWOL employees on Sat Sep 17, 2011 5:31 pm

adc2011


Arresto Menor
thanks for answering, ano po sample ng damages if hindi narender yung 30 days notice? hindipo ba ako pwede mag file ng illegal dismissal? thank you

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10 Re: Clearance for AWOL employees on Sun Sep 18, 2011 7:31 pm

attyLLL


moderator
your resignation will be taken against you, but you are entitled to file a case especially if you were terminated and your resignation not accepted.


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11 Re: Clearance for AWOL employees on Mon Sep 19, 2011 12:01 pm

adc2011


Arresto Menor
sir tinanggap naman po yung resignation ko kaso awol daw ako, ano ba magandang gawin, after kase ako sa makuha ko pang benefits ko tulad ng christmas bonus, tax refund etc. please help me, may right ba silang i hold yung makukuha ko? thank you

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12 Re: Clearance for AWOL employees on Mon Sep 19, 2011 10:12 pm

attyLLL


moderator
your remedy would be to send a written demand for these benefits, and then file a money claim at nlrc


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13 Re: Clearance for AWOL employees on Sun Oct 02, 2011 1:46 am

angel_buan21


Arresto Menor
pinagawa po kami ng resignation letter without a date. this is a violation right? pero ngfile ako ng other resignation letter na indicated n ung date of effectivity kaya lang nde ko na mtuloy ung work ko sa kanila kasi nga magstart n ko s other company. malamang maawol ako.. pwd po b nilang ihold ung last n dpat shurin ko? saka ung mga 13th month & other incomes n dpat mriciv ko?

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14 Re: Clearance for AWOL employees on Wed Nov 16, 2011 10:11 am

adc2011


Arresto Menor
good morning sir, may question po ako, nareceived ko na po yung backpay ko, makakakuha po ba ako ng clearance? pwede po ba i file yung complaint sa nlrc regarding sa clearance? thank you.

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15 Re: Clearance for AWOL employees on Wed Nov 16, 2011 10:12 am

adc2011


Arresto Menor
good morning sir, may question po ako, nareceived ko na po yung backpay ko, makakakuha po ba ako ng clearance? pwede po ba i file yung complaint sa nlrc regarding sa clearance? thank you.

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16 Re: Clearance for AWOL employees on Fri Nov 18, 2011 11:52 pm

attyLLL


moderator
you can try but there is no legal requirement to issue a clarance


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17 Re: Clearance for AWOL employees on Wed Apr 11, 2012 12:31 pm

Wyner


Arresto Menor
Hi Sir,

I received the decision letter from the labor arbiter today, April 11, 2012.

The decision states:

Wherefore, premises considered, judgment is hereby rendered DISMISSING the Complaint for lack of merit.

The first page states:

This is a complaint for alleged constructive dismissal with claims for moral and exemplary damages and attorney's fees filed by ....

Part of SECTION 18. CONTENTS OF DECISIONS. of the Labor Law States that (e) specific remedy or relief granted should be stated in the contents of the decision.

However, I find the decision stated by the arbiter, incomplete.


Here's my dilemma and question (based on the decision stated by the labor arbiter):

1. If I am no longer planning and wanting to file for appeal, is it still possible for me to get my backwages including tax returns?

1-a. If yes, how will I be able to get it?
1-b. Should I go to the company and do my clearance with them? (My employment has already been terminated by the employer due to the case I filed
1-c. Or, should I talk to their lawyer about the backwages and tax returns?

Thank you!

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18 Re: Clearance for AWOL employees on Wed Sep 26, 2012 12:02 pm

beachbabelove


Arresto Menor
Hi! I wanted to ask if I can still be cleared or can I still get my backpay even if I was tagged AWOL by my former company? I had a miscarriage by that time but they still sent letters for me to report to work. But then after a few months I was able to return my ID and proximity card so for them to process my clearance. When I followed up. tthe HR told me that my manager hasnt signed my clearance yet (to think I dont have any pending deliverables). I need your advise on this. Thanks!

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19 subpoena on Wed Sep 18, 2013 5:00 am

dimplesmile


Arresto Menor
Hi, ask ko lang po kung legal b un pagpapadala po skin ng subpoena ng employer ko kasi daw po AWOL na daw ako? And gusto nila magbayad ako ng 10K dahil nde ko daw tinapos yung contract ko? Pero wala naman sa pinirmahan namin kontrata yun? Ano po dapat kong gawin? Thanks

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20 Re: Clearance for AWOL employees on Thu Sep 19, 2013 12:01 pm

zai15


Arresto Menor
Good day! ask ko lang po kasi humingi ako ng coe from my prev employer..nakalagay sa coe ko is nag awol daw ako... my contract is from march 19 2012-june 19 2013.. last day po na pumasok ako is june 20 2013.. gus2 nila ako pumasok til june 22 and i refused... tapos nagulat na lng ako na may nakalagay na awol sa coe... plus nalaman ko din na yung sss ko is upto sept2012 lang ang payment... ndi pako nagcocomplain sa kanila bout sa coe kc may need pa ako na form galing sa kanila baka kasi ihold yung form ko na maging cause pa ng problem sa new work ko now... thanks and god bless!

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21 Re: Clearance for AWOL employees on Sat Sep 21, 2013 10:58 am

attyLLL


moderator
you can file a complaint at the SSS.

as for the coe, what to put there is the management's prerogative. you can file a complaint for damages.


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22 Re: Clearance for AWOL employees on Mon Sep 23, 2013 3:58 pm

zai15


Arresto Menor
Thanks po sa pag spend ng time sa pagreply... regarding lang po ulit sa coe... baka po kasi maging issue sa new work ko now pag pinass ko yung binigay nila sakin na may nakalagay na awol.. should i ask for another coe since sa tingin ko naman wala silang basis sa nilagay nila dun?thanks po ulit and godbless!

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23 Re: Clearance for AWOL employees on Wed Sep 25, 2013 12:50 pm

attyLLL


moderator
you can try to ask for a new one


_________________
[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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24 Re: Clearance for AWOL employees on Sat May 16, 2015 12:20 am

zhel1112


Arresto Menor
Good evening Atty.

I'm working in a company as Company librarian. In my first week, everything is alright.. my position and also my work but after 1 week everything change. Kasi po kung ano ano nlng na work task ang pinagagwa nila sa akin tulad ng printing.. etc. na alam ko na Out of Job description na sa inapplyan ko sa company nila. Dapat po fulltime ako sa library peo dumating po sa point na nging little partime ko nlng ang mgiging librarian. Ngaun po I plan for filling resignation letter but my other co-employees said that I need to render 30 days working in the company after kong mgfile. Ganun po ba tlga? then sabi din nila na matagal daw makukuha ung clearance or certificate and also the last payment ko. Kaya suggest nila sa akin na mag AWOL nalng daw aq. By the way atty. 1 month plng po kong mahigit dun then ang napirmahan q plng po nmn na contract ay 2 months probationary. Pano po kaya kung mag AWOL po ko? ano po kaya maaaring epekto nito sa akin?. 1st work ko po ito and this coming 25 plng po ko mg 2 months. Thanks po.

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25 Re: Clearance for AWOL employees on Sat May 16, 2015 12:24 am

zhel1112


Arresto Menor
sana po mabigyan niyo ko ng advice. Kung magfifile po ko ng resignation or mag AWOL ako ... ahm ngiging sakitin na din po kasi ko kaya suggestion nila sa aqn mg AWOL na dw ako para mapahinga na daw ako kesa mg work pa ng another 1 month ...tpos po ung ibang days na pinasok ko na ndi naabutan ng cut-off ay mababaliwala na dw po pag ng file ako ng resignation. Ganun po ba tlga? Thanks po.

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