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AWOL and Last Pay issue

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1 AWOL and Last Pay issue on Mon Jan 02, 2012 5:29 pm

wasalph


Arresto Menor
Hi,

Im asking in behalf of my employer, a few months back, an officemate submitted his resignation. unfortunately, on his last 30days work, he applied for 1 week vacation leave, but didnt report back to office after the leave.

After the company assigned a temporary replacement for the task left behind, the guy came back to do turn over, but that was about a month after the supposed leave. My employer consider him AWOL and would not sign his clearance.

The guy demanded the company to release his last pay and stated that DOLE said all monetary entitlement should be release to every resigned employee.

does the employer has the right to withhold releasing the last pay? or can the employer delay release of last pay?

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2 Re: AWOL and Last Pay issue on Mon Jan 02, 2012 11:58 pm

attyLLL


moderator
he is entitled to be paid for days actually worked, and employer is entitled to damages if employee did not render 30 day notice. but employer cannot unilaterally decide not to pay.


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3 Re: AWOL and Last Pay issue on Tue Jan 03, 2012 5:55 pm

wasalph


Arresto Menor
attyLLL wrote:he is entitled to be paid for days actually worked

Does the company has the right to delay the release? if so, for how long maximum?

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4 Re: AWOL and Last Pay issue on Fri Jan 06, 2012 10:20 pm

attyLLL


moderator
you can wait for him to finish his final clearance


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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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5 Re: AWOL and Last Pay issue on Wed Sep 26, 2012 12:03 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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6 Re: AWOL and Last Pay issue Today at 12:31 pm

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