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13th Month pay / Salary Withheld

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1 13th Month pay / Salary Withheld on Tue Nov 29, 2011 12:17 pm

kingkrys


Arresto Menor
Hi. I badly need your counsel on this one. I was admitted to the hospital October 31 and was discharged November 4, 2011 for inflammatory bowel disease (a chronic illness). i was advised to rest until symptoms and pain subside. I never failed to inform my direct supervisor about my condition since i was unable to report to work. they requested a company nurse to visit me at home and get my medical papers which i provided. in which the nurse noted that i was advised indefinite days of rest. my supervisor informed me that my medical papers have been validated and i can opt for immediate resignation. i havent reported back to work. just today, november 29, i received a return to work letter stating that i have been on AWOL since november 23. Supposedly today is the release of our salary and 13th month pay, to which, sadly, mine was withheld accordingly. isn't it unlawful for them to do such. this is the second time they put my salary on hold. thanks very much. need your urgent counsel on this one. i work for a bpo company.

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2 Follow up... on Tue Nov 29, 2011 1:25 pm

kingkrys


Arresto Menor
Today, November 29, i received two letters. A return to work notice dated November 25 and a show cause memo for AWOL dated november 28. Is it right for them to issue such letters when they have been fully informed of the cause of my absences and can be verified by the nurse who visited me at home by the request of our office as well. My supervisor never asked how i was nor informed me of the things i needed once am able to report to work. when i ask my supervisor what my schedule was, she just said that she was on VL and that she does not even know what my status is in the company. I feel that they are making ways on terminating me. The sad part is my salary has been put on hold. What is my best option and is this a valid complaint of employer negligence and improper practice?

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3 Re: 13th Month pay / Salary Withheld on Tue Nov 29, 2011 2:18 pm

kingkrys


Arresto Menor
Mainly, after them withholding my pay and the 13th pay that's due to be credited today. when this first happened in October when i failed to inform my supervisor for 2 days, they sent a show cause memo for NCNS which i replied, but was of course given a written warning for it for the first day of NCNS and a final written warning for the 2nd day of NCNS. When i asked them why they withheld my pay, they said that it's company policy. I said that it's unlawful for them to do such. I asked to be furnished a copy that it's stated in the employee handbook that 2 instance of NCNS would also have our salary put on hold. sadly up to now, they havent furnished me a copy of such. and reviewing our employee handbook, its not stated there as well. and now they've done it again. this has caused me financial damages greatly, since i have a chronic illness whereby they have been fully informed, i'm late for rental payment due to this again and the shame and embarrassment im getting is indescribable since late rental payment again for this month. please enlighten me on concrete steps i can take. or if this case is valid. thank you.

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4 Re: 13th Month pay / Salary Withheld on Sun Dec 04, 2011 5:55 pm

ashery


Arresto Menor
hi. i'm joemedel belardo. i would like to ask about the 13th month pay. i am a personal driver. and according my boss she's exempted with the obligation because she is a private employer. as a driver what law covers my right.

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5 Re: 13th Month pay / Salary Withheld on Wed Dec 07, 2011 10:23 pm

attyLLL


moderator
ashery, sorry, but you are not included in coverage of 13th month pay.

kingkrys, you should at least prepare your answer and send it to the company.


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6 Re: 13th Month pay / Salary Withheld on Sat Oct 19, 2013 2:34 pm

alexisbantilan


Reclusion Perpetua
Kingkrys,
File a complaint of constructive dismissal.

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7 Re: 13th Month pay / Salary Withheld on Wed Nov 19, 2014 9:21 am

mauie18


Arresto Menor
Hello everyone,   I just want to know if we are  entitled to have a 13th month pay. Our company is an office based online English tutorial . There are 2 workers in our company, employees and IC-Independent Contractors. Our company said that we are not entitled to have a 13th month pay since we are ICs but we work full time in the company. They require us to meet 160 hours in a month. I'm with the company for almost 6 months.  Thank you

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8 Re: 13th Month pay / Salary Withheld on Wed Nov 19, 2014 12:37 pm

attyLLL


moderator
on its face, an independent contractor is not entitled to 13th month pay. but it doesn't seem you are actually independent and you seem more like an employee who is supervised and controlled. therefore, you should be entitled to 13th month


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