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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » DAMAGES for AWOL

DAMAGES for AWOL

4 posters

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1DAMAGES for AWOL Empty DAMAGES for AWOL Mon Sep 03, 2012 3:14 pm

dmd2012


Arresto Menor

Hello. In a recent company audit, external auditors suggested that we impose punitive measures for separation due AWOL (non-observance of 30 days exit policy), i.e. monetary penalty, non-payment of last pay which includes pro-rated 13th month pay, leaves conversion, tax refund, and non-release of certificates of employment and training. Are we violating any provision in the labor code if we do this? Thank you.

2DAMAGES for AWOL Empty Re: DAMAGES for AWOL Mon Sep 03, 2012 8:17 pm

attyLLL


moderator

indeed the labor code allows collection of damages, but imo, i don't believe it's lawful to deduct it from salary. just be ready to defend your acts in nlrc if the employees file caes against you.

https://www.facebook.com/BPOEmployeeAdvocate/

3DAMAGES for AWOL Empty Re: DAMAGES for AWOL Wed Sep 05, 2012 12:02 pm

dream123


Reclusion Temporal

how can i claim my ITR if i go on AWOL from my previous company and my new company is asking for it?

I was not able to process my clearance and my new employer did not know about it.

thanks.

4DAMAGES for AWOL Empty Re: DAMAGES for AWOL Wed Sep 05, 2012 12:25 pm

CaseLogic

CaseLogic
Arresto Mayor

And that's is the problem when the employee is being irresponsible with their obligation to the company.
Ang epekto ikaw pa rin ang mappwersyo.

5DAMAGES for AWOL Empty Re: DAMAGES for AWOL Wed Sep 05, 2012 9:35 pm

dream123


Reclusion Temporal

there are personal reasons behind it.

i hope a lawyer can answer my question...

how can i claim my ITR if i go on AWOL from my previous company and my new company is asking for it?

I was not able to process my clearance and my new employer did not know about it.

thanks.

6DAMAGES for AWOL Empty Re: DAMAGES for AWOL Sat Sep 08, 2012 10:07 pm

attyLLL


moderator

if itr for last year, go to the bir try to get a certification that you were included in the alpha list and get a copy.

https://www.facebook.com/BPOEmployeeAdvocate/

7DAMAGES for AWOL Empty Re: DAMAGES for AWOL Sat Sep 08, 2012 10:35 pm

dream123


Reclusion Temporal

ITR for 2012 atty Sad

thanks.

8DAMAGES for AWOL Empty Re: DAMAGES for AWOL Thu Sep 13, 2012 10:29 pm

attyLLL


moderator

tough luck. what you need is a bir 2316 from your previous employer. best you can do is make a request

https://www.facebook.com/BPOEmployeeAdvocate/

9DAMAGES for AWOL Empty Re: DAMAGES for AWOL Fri Sep 14, 2012 2:12 pm

dream123


Reclusion Temporal

what would be their right to hold it if ever? i was not able to secure a clearance from them bec they do not want to accept my immediate resignation... Sad

can i just secure one from BIR directly myself?

thanks

10DAMAGES for AWOL Empty Re: DAMAGES for AWOL Sun Sep 16, 2012 9:56 pm

attyLLL


moderator

you can try to get copies of their alphalist submitted to the bir

an alternative is to show your payslips. try to show the amount of tax deducted and prove to your new employer that you are doing everything possible

https://www.facebook.com/BPOEmployeeAdvocate/

11DAMAGES for AWOL Empty Re: DAMAGES for AWOL Mon Sep 17, 2012 10:48 am

dream123


Reclusion Temporal

what do you mean by alphalist?

Can i just show mt latest payslip bec i do not keep all my payslips. anyway, tax are computed every payday, right atty?

thank you so much!

12DAMAGES for AWOL Empty Re: DAMAGES for AWOL Sat Sep 22, 2012 6:46 pm

dream123


Reclusion Temporal

up

13DAMAGES for AWOL Empty Re: DAMAGES for AWOL Tue Sep 25, 2012 7:32 pm

attyLLL


moderator

you can try if they will accept that.

https://www.facebook.com/BPOEmployeeAdvocate/

14DAMAGES for AWOL Empty Re: DAMAGES for AWOL Wed Sep 26, 2012 10:00 am

dream123


Reclusion Temporal

is it true that I may not provide an ITR anymore if I will start with my new company this October because it requires at least 6mos in a year for the employee to deduct tax from you? an I will only have 3mos (Oct, Nov and Dec 2012)

thanks.

15DAMAGES for AWOL Empty Re: DAMAGES for AWOL Thu Sep 27, 2012 10:24 pm

attyLLL


moderator

you can try, but the real cut off is end of the year

https://www.facebook.com/BPOEmployeeAdvocate/

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