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Unused Leaves

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1Unused Leaves Empty Unused Leaves Mon Jun 25, 2012 11:18 am

ssborja09


Arresto Menor

I am a full time instructor for 14 months or 3 consecutive semesters. After 2 semesters or my 1 school year, I was given with leaves. The Ongoing 2nd semester or my 4th semester, the school(branch) was closed and our students was transferred in its sister company. Among the faculties, only 2 was retained. I am one of those retained in that school but I am no longer full time. I work for a part time. Since I am a part time, I didnt able to use my leaves. After that semester, I filed a resignation though they wish me to continue. My question is: Is it possible that my unused leaves will be converted into cash?

Another is, do I have a backpay? How will I compute it? Thanks.

I highly appreciate for answers. Thanks.

2Unused Leaves Empty Re: Unused Leaves Mon Jun 25, 2012 7:18 pm

attyjoyce


Reclusion Perpetua

Hi ssborja,

Whether an employee will be compensated for unused sick leave and vacation leave will be determined by a company's policies and the employee's contract. By law, a company is not required to provide a person with financial compensation for either of these types of days when the person quits, although some companies make it a policy to do so.

An employee is entitled only to back pay if he is illegally dismissed from work.

http://www.domingo-law.com

3Unused Leaves Empty Re: Unused Leaves Tue Jun 26, 2012 8:01 am

ssborja09


Arresto Menor

"An employee is entitled only to back pay if he is illegally dismissed from work."

so hindi po ko dapat mabigyan ng back pay? when my contract ended that semester, I was entitled for a renewal for that branch.. but I didn't wish to continue it so they said, I have to file a resignation letter which I did. Which ang sabi po nila para daw may makuha ako.

Can you explain the difference of ending my contract and filing a resignation. Is it right that I obey them to file a resignation?

Thanks.

4Unused Leaves Empty Re: Unused Leaves Tue Jun 26, 2012 11:02 am

ssborja09


Arresto Menor

upon reading some related topics, i have learned about back pay and last pay. Maybe I will be getting my last pay because I voluntarily resigned. (Tama po ba?)

So pano po ba i-compute ang last pay according sa story ko. I started june 2010, fulltime from june 2010 to october 2011, merong mga leaves na hindi ko nagamit especially Vacation Leave. kasi naging part time na ko ng november 2011 upto march 2012.

Gusto ko lang po magka idea for it. Thanks.

5Unused Leaves Empty Re: Unused Leaves Tue Jun 26, 2012 12:53 pm

attyjoyce


Reclusion Perpetua

Hi ssborja09,

End of contract means the agreed period that you are being hired expires, and then the contract will obviously end while voluntary resignation means the severance of employment is due to employee’s initiative.

Yes, you are only entitled to your last pay.

I suggest you get a clearance from your previous employer and they will give you an accounting report of your last pay including the prorated 13th month pay, unused leave credits and tax refund.

http://www.domingo-law.com

6Unused Leaves Empty Re: Unused Leaves Tue Jun 26, 2012 1:15 pm

ssborja09


Arresto Menor

ah ok thanks. thanks for the response, it helps me a lot to understand about my situation. Thanks.

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