Regarding Final Pay

Good day to all,

I have been working with my previous employer for over 9 months. 6 months probation and that is the only contract that I signed from them. Then I filed my resignation with immediate days around 10days instead of 30days. The company has now hold my Final pay due to this reasons. Can I still receive any back pay like 13th month pay or just my tax refund? For the 3 months that I have been working like a "freelancer" is the company policy of 30days notice would greatly affect me getting my final pay?

Thank you

^

Legally, you are considered a regular employee because you already lapsed 6months and continue till 9 months. If you resigned you are entitled for mandatory 13th month pay (9/12)+tax refunds+SL/VL if applicable.
Now for mandatory 30days noticed that you did not complied with, your employer can seek damages from you but its their duty to proved the damages. If your employer refuses to pay your mandatory backpay, you can go directly to DOLE to file small money claims, (SENA form). Resignation and clearance is not a legal requirement so as not to release your mandatory money claims.

Good day po ulit,

Eto po yung sagutan namin after more than 2 months.
Nagemail sila after a followup email na ginawa ko.

"We would like to inform you that the Management will no longer consider your request regarding your turn-over. We have decided to put your clearance on hold for the reason that your previous work which had to be endorsed or turned over properly to other employee, had already been fulfilled.

According to the Department of Labor and to our Company's standard procedure, a 30-day notice is be given to an employee to make a turn over and endorse all files and pending jobs properly to the next person assigned to handle his/her pending and present jobs, upon submission of his/her resignation letter. In your case, you only had a 1 week notice of your resignation and you did not comply with the 30-day notice policy on the turn over procedure. And you did not report back to work after that week because you were already working in other company. And this really affected the daily work flow of the company.

We regret to inform you that a CLEARANCE is required for the processing and releasing of your employee's final pay. The Management shows fairness and justice to all its employees and does not tolerate such unfair action. We also do not want other employees to imitate an action that is unfair to either employee or employer's welfare."

Parang ang ibig sabihin wala na silang planong ibigay yung clearance at syempre yung last pay ko.
Nag effort akong gumawa ng paraan para tumulong pero 5 Saturdays lang ako pabalik balik. Any advise po?

Thank you

I'm just new here and I did not major in Law so don't rely on everything that I say. I just thought of responding to your post because the same thing happened to me. My company didn't have a choice but to give my final pay even though I didn't tender my resignation for 30 days. I only gave them a two-week notice. They had to give it to me because my employer disobeyed the Philippine Law. Since they did that, my contract was terminated and therefore, they didn't have the right to hold my last pay. All those things were under my contract. (I had a hard time getting it though. We just had a written agreement so I got it not later than one month after I resigned.)

You have to review the last contract that you signed. It is important that you review what's written in it. If it clearly says that you have to inform them 30 days before your resignation, and that they will have the right to hold your final pay if you didn't follow, then I think it's kinda hard to ask for your back pay. Remember that when you sign a contract, it means you agree to everything that's written in it.

BUT! Still, ask for a legal advice.

kung ihohold man, hindi po ba yung last kong sahod lang. hinold kasi nila yung last cutoff ko din. pero dapat makuha ko yung 13th month and tax refund db?

the remedy would be to file a complaint at the nlrc. if the company will be entitled to damages, then it can be just deducted.

Hi Atty.,

Ask ko lang po sana if ever dko po nacomplete ang 30 days notice for resignation, . for example, 2 weeks lang po notice , mkukuha ko pa din po ba ang back pay ko, 13th month pay at tax refund ko?mag 2years na po pla ako sa company.Thanks A lot.

annchellediaz wrote:Hi Atty.,

Ask ko lang po sana if ever dko po nacomplete ang 30 days notice for resignation, . for example, 2 weeks lang po notice , mkukuha ko pa din po ba ang back pay ko, 13th month pay at tax refund ko?mag 2years na po pla ako sa company.Thanks A lot.

Yes, basta magpa-clearance ka at wala kang ibang utang sa kanila.

At kung hindi sila mag file for damages dahil hindi ka nag 30-days. Pwera na lang kung pumayag sila sa 2 weeks.

Ask ko lang po kung nag file ako ng reaignation effective immediately may pinasa pa po akong medical certificate na under medication ako and yung supervisor ko at manager ayaw naman akong mag render ng 30days kasi nay sakit ako. Makakaapekto po ba yun sa pagkuha ko ng clearance at last pay?