Gratuity pay termed as Retirement Pay?

Good day,
My query is about the gratuity pay, paid to my aunt year Oct 2007. Their company is registered as QUARTERS here, they do not have any benefits as per our knowledge this is due to the firm is foreign and only registered as accounting firm here. My tita was employed for more that 18 years, she died last NOv 2008. When we are about to arrange her retirement pay the company refuses to give us the pay since they termed the gratuity as retirement pay. and have offsetted the medical assistance they gave us during the hospitalization of my aunt to offset it on the 13th month. The sum is quite a huge amount and it rolled down to zero because of their decision. We have no money to put it in court, i have with me email exchanges for the decision not to give the money. My tita by the way is single and no qualified dependent other that her brothers.Please please help

if she was entitled to retirement pay or other benefit, your remedy is to file a money claim at nlrc.

attyLLL wrote:if she was entitled to retirement pay or other benefit, your remedy is to file a money claim at nlrc.

The company is telling me that the gratuity pay is the same as retirement pay? is that true.

oh, sorry. if the company paid a lump sum as her gratuity for her retirement, then that is indeed the retirement pay, if it was computed properly. i note that she already received it back in 2007 and died about a year later. that can only mean she was no longer part of the company at the time of her death.

okay, thank you

hi po, newbie lang po ako dito, tanong lang ako regarding sa gratuity pay. Na hired po ako year 2006, tapos meron kami na handbook na stating na kapag nakapag five year stay sa company magkakaron ng gratuity pay, pero may nakalagay din sa handbook na yun na puwede sila mag change ng policy anytime na gusto nila, so in short, year 2008, nirevised nila yung handbook at nawala na yung gratuity pay, tanong: magkakaron pa ba kami ng gratuity pay since ng nakapasok kami sa company eh 2006 kahit na binago pa nila yung handbook na yun?

thanks,

no, i do not believe so. gratuity is mainly based on the generosity of the employer so it can be validly withdrawn.