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HMO Deduction in Backpay Concern

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1HMO Deduction in Backpay Concern Empty HMO Deduction in Backpay Concern Wed Apr 15, 2015 11:11 pm

arpalma


Arresto Menor

Hello Atty!

Good day! Maga-ask lang po sana ng help regarding my backpay with my previous company.

So here is the detailed explanation of my concern:


I was hired March 2013 with IBM. Nung na-hire ako, I filled up lahat ng forms na ibinigay nila sa akin, including the HMO dependents form kung saan nilagay ko ang both parents ko as my dependents. Our HMO was Intellicare.

Nung nagstart na ako sa work after training, nagkaron na ako ng access sa email na inassign nila sakin. Then by around March din I received an email informing me na magstart na yung billing ng dependents charge ng HMO. Dahil malaki yung amount, I decided na humingi ng tulong sa supervisor ko na ipa-cancel yung HMO. Tinulungan ako ng supervisor ko, binigyan nya ako ng cancelation form, I filled it out then sinubmit nya sa HMO representative, kaharap ako.

So the entire 2013, I was not charged for HMO dependents. So I thought the cancelation proceeded.

By February 2014, we were taken over by a new Management, Concentrix. IBM sold the BPO side that includes us to Concentrix.

By July 2014, nagulat ako kasi meron akong HMO dependent charge. Wala akong finill out na form for that year for activation, so I requested for a refund. To mention, that deduction cost me a lot. Nagcharge sila agad agad ng walang pasabi.

Ang sahod ko the entire month is 16,000Php, they deducted me 7000 for HMO and 3000 for tax, SSS, pagIbig, Philhealth etc. Nagkandautang utang ako dahil dun.

Because of that dispute, which did happen not just once, I decided to leave the company. By August, I applied to a different company. I left Concentrix by September 2014 and started my new work October 2014.

I completed the clearance form by October. Normal process is 60 business days daw bago makuha yung back pay, COE at ITR. So I expected it na cocontactin nila ako by December of January.

So December 2014 and January 2015 have passed and they have not contacted me. I even called the phone lines na registered sa kanila pero di ko mareach. So by February 2015, I went there.

Pagdating ko dun, I mentioned na kukuha ako ng back pay. Pinaghintay ako sa lobby. Then may kumausap sa akin sa phone at sinabing negative daw ang back pay ko, pero iki-clear daw nila ako. I was furious because I was expecting na makukuha.

Di ko po kasi nakuha yung last pay ko ng September 30 2014 saka may halos isang buwan pa akong ipinasok, plus yung prorated 13th month ko pa kaya di ko maintindihan kung bakit nya sinabing negative ako. So I demanded na kausapin nya ako ng harapan which she did. She explained and provided me the ITR and the payslip.

When I checked, negative nga ako dahil may 30,000Php plus akong deduction from HMO. I complained and explained for the nth time na bakit nila ako continuously chinacharge for something na di ko naman inactivate. Then she referred me to the HMO personnel and I talked to her about it.

So she explained to me na kaya daw ako nacharge ng 30K+ for HMO is active DAW yung HMO ko nung 2013 at wala daw akong binayaran.

So I told her the story. I filled out the form dahil i was unaware na may charge yun. then a month before the billing started, i submitted a cancellation form thru my manager which he submitted to the HMO representative, and I thought na fully cancelled yun dahil hindi naman ako na-charge the entire 2013.

Sabi nya, the reason why the cancellation did not activate is di daw nakarating sa kanila yung cancellation form. So she rechecked the files and found nothing.

I debated. I told her na nagsubmit ako. Kung hindi man dumating sa kanila yung cancellation form,  was that my fault? hindi ko naman negligence yun. It was their hmo rep's neglegence.

I also pointed out na kung activated pala yung HMO ng parents ko, bakit hindi nila ako inissuehan ng HMO cards for both my parents?

I asked for her manager and explained the whole thing again. i totally felt they understand the situation. but the thing is, she said, na yung cancellation form lang ang basis nila para mapag-aralan kung possible pa rin ang refund. i was helpless and got tired. so i suggested na to prove that i submitted the cancellation form, contactin nila yung previous manager ko thru email and i-inquire yung name nung pinagpasahan ng cancelation form.

I left there and contacted my previous manager. so ayun nga, yung kinwento ko matches kung ano din ang pagkakaalala ng manager ko. he promised that he'll do his best to help.

I also contacted Intellicare about the situation. they said they cant help because the charge was for 2013 and they referred me back sa company.

My manager replied to the thread and confirmed the situation. however, hinanap din sa kanya yung cancelation form. to which he replied na wala sa kanya, and that he no longer have access to his previous emails dahil nalipat din sya ng ibang account.

So i was waiting for the HMO representative (whom the cancellation form was submitted to email)'s email. I followed up and the representative whom I talked nung pumunta ako sa HR office just told me na since kinonfirm na ng manager ko na wala sa kanya yung cancelation form copy, kung ano daw yung nakalagay na amount sa backpay ko, yun na daw yun.

I just find it unfair. Una, i did my part. i filled out the cancellation form and submitted it on time. Tapos bigla po nilang sasabihin na wala silang nareceive. Kinonfirm naman ng manager ko na nagsubmit ako. kaso di na makita yung cancelation form.

Hindi ko naman kasalanan na nawala nila yun. hindi ko din naman trabaho yun. if i had the access to do it myself ako na lang sana ang gumawa.

I hope po matulungan niyo po ako sa concern ko. Looking forward to hearing from you. Salamat po!

https://facebook.com/ariesrapapalma

2HMO Deduction in Backpay Concern Empty Re: HMO Deduction in Backpay Concern Wed Jun 08, 2016 12:22 pm

HrDude


Reclusion Perpetua

Ang haba ng kwento. Di ko na binasa.

3HMO Deduction in Backpay Concern Empty Re: HMO Deduction in Backpay Concern Mon Sep 05, 2016 1:41 pm

lyndshabe19


Arresto Menor

hi po. we have the same issue at the same company. I'm planning to file a complaint . ask ko lang @arpalma , nasolve na po ba ito? thanks in advance

4HMO Deduction in Backpay Concern Empty Re: HMO Deduction in Backpay Concern Wed Dec 06, 2017 10:42 am

maria14


Arresto Menor

Hello Atty,

Good day!

Just need some legal advises lang po for my older brother's work. I hope I can hear answers from you very soon.

The story goes like this, My Brother Paul is currently working in Bahrain since 2015. He was a Direct hire. Last April in this year He was chosen by the management of the company that he is currently working to participate and under go training and exam in Qatar for COMPEX Course but unfortunately he failed the exam due to luck of preparation and was not feeling well the day after he arrived at Qatar. He is planning to retake but don't have time for the next exam schedule for so many reasons one of those is His manager approach him to pay the exam that last time that He failed. After that the company is deducting his salary a 500 BD from the month of august-September and the last deduction would be at this month. But, the company issued him a notice of termination on the 26th of december due to no project. My brothers question are the following:

1. Is the agreement valid If He failed the exam? Because it was clearly stated in the contract which He has signed that If he leave the company before one year or two year respectively, He should pay but the company is the one who terminate his contract. Should the company return all the money that has been deducted to his salary form the month of august-december?
2. They terminate my contract, as stated they give him one month notice but they approach him today if he can go early due to no project. what should be My brothers response to them, would he allow it? hence, if he would go early how he would be compensated?My contract will commence this coming January 2018, Is the company has the obligation to pay the remaining months in My contract?


Please advice me with regards to this matter for My brother to have a just compensation.. Your advice and response will highly be appreciated.

Thank you so much & more power!

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