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After Preventive suspension, Force Resignation and pay concerns

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hanson15


Arresto Menor
Hi Attorney,

My friend was suspended for 30 days with no salary.

The day after the 30 days, The company told him that he will not work. But he will be paid on the day after the 30 days and until today.

The 1st week after the 30 days he was given a choice if he wants dismissal or resignation with amicable settlements. He choose to file resignation and settle everything to pay for his loans on the company etc.

The 2nd week after the 30 days when he saw his financial statements with the company he was shock that from the first day of his employment all the benefits that his receiving from 13th month pay to bonus. Was listed on the things he will going to pay. He is working on the company for 10 yrs. He create a letter explaining everything that it is approved by the board and some are under law.

Until now he haven't receive any salary for 2 weeks on his atm.

questions:
1. What step should he do for his case?
2. Can he have a right to demand for his 2 weeks salary?
3. What are the cases he can file to nlrc if ever he needs to file?

Thanks very much

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attyLLL


moderator
he should make his own computation of what he believes he should receive or pay and send a letter to the company. if no action is taken, he can file a money claim or illegal dismissal complaint at the nlrc.


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hanson15


Arresto Menor
Followup question attorney. Does retirement pay, 13th month, sickleave and vl included on his claim? He is working for the company for ten years and his 55 yrs old. Thanks

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hanson15


Arresto Menor
Please help, I need to give advice to my fried so that he will have given his rights as an employee for 10 years. Thanks!

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attyLLL


moderator
he has to rely on what was promised to him when he was offered resignation.


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hanson15


Arresto Menor
Is it legal for him to have the rights to appeal for a retirement since his working for 10 years. Is this under law? He haven't file a resignation now because he was thinking that he should file a retirement instead.

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hanson15


Arresto Menor
The company says he should resign. But the company never proposed anything for his part like vl, sl or any pay. The company said he should wait for his financial statement. When he receive those he was shocked that the company is asking for a full refund of his benefits including 13th month pay ten years ago. And other benefits approved by the board.

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attyLLL


moderator
retirement is possible only if he is 60. he can file an illegal termination case because he was promised financial payment.


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hanson15


Arresto Menor
Sir wala pong sinabi na bibigyan sya ng pera ng company upon resignation. Ang ginawa pa nga ng company is sinisingil sya sa lahat ng benefits na natanggap nya mula sa first year ng service nya sa company including 13th month pay. Sa tingin ko po kze dapat na ikaso ung company pero ano po kaya pde? Constructive dismissal po ba since umaabot na kze ng two months? Tpos di p rin sya pinapapasok sa company

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attyLLL


moderator
yes, constructive dismissal.


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zerktan


Arresto Menor
Hi Atty, inquiry lang po coz I've been on preventive suspension for 43days already. Base on Section 9 of Rule XXIII, Book V of the Omnibus Rules Implementing the Labor Code, "No preventive suspension shall last longer than thirty (30) days. The employer shall thereafter reinstate the worker in his former or in a substantially equivalent position or the employer may extend the period of suspension provided that during the period of extension, he pays the wages and other benefits due to the worker." What does it mean po?, will I be paid of the excess of 30days which is just the 13days if in case they will reinstate me tomorrow or I will be paid the whole 43days? Should I get my salary on 30th day of preventive suspension or during payday once I get reinstated?

Thank you very much for reading my email.

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