Releasing of Final Pay

Hi,

Need an advise po what to do next.

Nagresign po ako nung July 2013.  Standard turn0ver period is 30 days, pero my superior asked me to extend for another 2 weeks which I agreed to.  Mid August ang last day ko.  On my last day, I secured my clearance except dun superior ko.  Sabi nya baka daw pagpinirmahan na nya clearance ko eh hindi na ko sumagot ng calls and sms na ipapadala nila kapag may tanong sila.  BTW, I was replaced by 2 personnel, 1 is fresh grad while the other one has experience however not in the companies line of business.  I had to train them to use the company's elected programs (SAP).

So back to my clearance, after 2 weeks (end of Aug. - early Sept) I came back to have my clearance signed.  My superior asked me to leave it since medyo madami pa rin silang tanong.  I agreed to leave it to them.  

After that I followed up thru email.  Until first week of Oct., I got an email from one of my replacement telling me that my superior had signed my clearance and she will be forwarding it to HR.  HR confirmed that they have my clearance and will process the computation of my final pay.  I have been sending them emails from time to time until on the last week of Nov., they told me that my final pay was for releasing on Dec. 6th.

I went there on the said date.  I initially went to the Disbursement Officer, she got my check and asked me to accompany her to HR so that I can sign my quit claim as well.  Upon entering HR's Office, one of the staff there told me that my superior will have to talked to me before they can release it.

I talked to my superior and she asked about some pending items before that up now were not yet resolve.  I told her that my replacement knew about it and my replacement confirmed it.  Then they asked me about an installer which she says I never turned over.  I told her that one of the installer was with the other office location staff, they called the said staff and that staff confirmed that it was with them.  The other installer, I said, was with their third party IT service provider.  I gave the installer with them for safe keeping and so that in the event that there is a problem, they have the needed program to rectify it. My superior asked me to get it from them which I complied.  

Unfortunately the physical CD was missing.  Good thing that the IT's have copied it and they provided me with a new CD wherein the burned the installer.  I told my superior of what happened, she said that it is not acceptable and that I have to produce the original CD.  I then called the vendor of the software and asked them if I can just purchase it from them.  The vendor confirmed that the software is a freeware and can be downloaded for FREE thru the internet and it does not have any license.  They even provided me with the link where to download it.

I went back to my superior and relayed what the vendor and told me.  She then took the burned CD and went to the HR head.  Unfortunately again, the HR head was not around so my superior asked me to wait in their waiting area.

After about 10 minutes, the HR head is still not around.  When my superior passed by, I asked if we're already OK and I just have to talk to the HR head.  For which she replied that they need to talk about my "CASE" first since she said that I have given a company property (the CD) to a third party.  She then asked me to come again some other time since they have to check if the installer that I gave them is working.

With this I would like to highlight the following:

1)  The item together with the free software that was purchased long before my superior joined the company.  I was the one in-charge before reporting directly to top management.  They have given me the right to do what I see fit.  Unfortunately, these top management were replaced.
2)  Given that the physical CD was a free item when we purchased an equipment, the content is unlicensed and is accessible to the world via internet for free.
3)  I don't have a copy of my signed clearance.
4)  My final pay (check) is already ready and waiting for releasing only.

My questions are:
1)  Does this give them the right to hold my final pay?
2)  Can they file a case against me based on the story above?
3)  What shall I do next to get what is legally mine?
4)  I don't have a copy of my signed clearance.  Will my replacement and HR's confirmation that I was cleared be enough?

Sorry for the long message, but I think it would be best to tell the whole story to get an accurate advise.

Thanks in advance.

file for money claims at nlrc

Thanks for the reply po. Follow-up questions lang po.

1) How long does it usually take when I file a money claim?
2) Can they file a case against me for the lost CD even if the content is a free software?

Salamat po ng marami.

I was told that I may receive my final pay on Jan. 17, next year. This includes the 13th month pay which states that it must be given not later than Dec 24. I wanna know if I have a valid reason for a vomplaint.

Bengski:
1. depends on the case.
2. Depends on the evidence they present and if the judge would find probable cost


Errick:
No. last pay computation (including 13th month) may be given even after Dec. 24

Cud it be a neglect on the part of accounting that until now they haven't computed the amount of the final pay?

It can be. You may try filing for money claims at nlrc if your claim is above 5000

May I also ask if I'd file money claims, that'd take how long? I was told by payroll that they are still waiting for the computation of my back pay. They are the only ones who compute it. I need to call back by the 17th of january 2014. But how do I prove the neglect?

Basically, money claim is obliging the company to give your last pay ASAP or on an agreed date. It is not meant to sue someone. If you believe your payroll in-charge had a neglect, you can only file the complain in the company. If the company acts on it, it's up to them

I chanced upon the payroll personnel who computed my backpay. With the total amount I am to receive, I find it inaccurate and will have to dispute it. If so, that will be subjected for review and will further delay the release. While it is still under review by the finance dept, isn't it right for me to ask for the details of their computation. I tried to ask for it, but I was told that they are busy and just wait for the review to complete.

Details is usually released together with the last pay. There is no stipulation in the labor code requiring the company to show the computation while it is still on process since the the computation is given in the labor and mandatory benefits are pro-rated