BACKPAY OR 13TH MONTH PAY

hi.. gusto ko lang po magtanong ano ang dapat kong gawin.. ngpasa aq resgntaion noon may 2015 tpos june 2015 ngresgn na po ako. ang natatamdaan ko po 15days after po ko mawala sa work binigay po ung half 13thmonthpay po.. yumg akin po hindi binigay o sinama sa natitirang pondo na dapat sasahurin ko. Ngayon po 5mnths na po nakakalipas pero wala pa din po sakin ung backpay ko.. nagemail n po ako twoce sa hr pero wla pong reply. kaya kinontack ko po ung dati kong ktrabaho at ponatanong sa hr king andun na backpay ko. and sabi po wala pa daw po. please help nmn po. salamat..

Silent ang batas pagdating sa period ng releasing ng backpay. Usually, inaabot yan ng 4-6 weeks. I suggest na ikaw na mismo pumunta sa HR niyo at magtanong para alam mo gagawin mo. After 2 mos, kapag wala pa ay pwede ka na mag-file ng money claims sa DOLE/NLRC.

The key phrase is "reasonable time"

In some companies - call centers, etc, they give a time frame of up to 90 days for processing and release of the final pay.

Hi, hope my concern is okay to get posted on this topic. Just a newbie here who would like to seek some legal advice about my backpay, COE and bir form 2316.

-I've worked for more than 8yrs in a company located in Makati
-Passed my resignation on May 2, 2015 to start with a new job
-On the notice of resignation submitted to our Hr cc company owner/boss, I specifically note that I can only work for the company until May30
-I started working with a new company on June 1, 2015
-I know I still have unused VL/SL, please correct me if my notion is wrong that it can be used to cover for the lacking 1 or 2 days in the 30days that I need to render to the company
-I was promoted to Senior level when the company asked me to sign an agreement that when I tender my resignation, I should render 90 days. Sadly I signed it so I could get my appraisal. This is my other question. I know law has rule for rendering 30days only, would the company have rights to claim liquidated damages since I wasnt able to comply on the said agreement?
- I need to have my Coe same with form 2316 bir form as required by my new employer but my previous employer doesnt want to provide it unless I sign a quit claim allowing them to deduct 60days on my backpay.
-I felt so stressed because of that. I cant imagine how much backpay will I get if I sign on that quit claim.
-Previous company have some unremitted 2months pay on my sss loan as per checking. How can I claim it with them if I resigned already.
Please reply to me I badly needed someone to shed light on my troubled mind. I actually need the previous company to give me the coe and 2316 before the end of this month since my new employer had already set deadline. How can I force them to provide me those without them getting a liquidated damages from me which I think is really unfair :'(

LostWind wrote:Hi, hope my concern is okay to get posted on this topic. Just a newbie here who would like to seek some legal advice about my backpay, COE and bir form 2316.

-I've worked for more than 8yrs in a company located in Makati
-Passed my resignation on May 2, 2015 to start with a new job
-On the notice of resignation submitted to our Hr cc company owner/boss, I specifically note that I can only work for the company until May30
-I started working with a new company on June 1, 2015
-I know I still have unused VL/SL, please correct me if my notion is wrong that it can be used to cover for the lacking 1 or 2 days in the 30days that I need to render to the company
-I was promoted to Senior level when the company asked me to sign an agreement that when I tender my resignation, I should render 90 days. Sadly I signed it so I could get my appraisal. This is my other question. I know law has rule for rendering 30days only, would the company have rights to claim liquidated damages since I wasnt able to comply on the said agreement?
- I need to have my Coe same with form 2316 bir form as required by my new employer but my previous employer doesnt want to provide it unless I sign a quit claim allowing them to deduct 60days on my backpay.
-I felt so stressed because of that. I cant imagine how much backpay will I get if I sign on that quit claim.
-Previous company have some unremitted 2months pay on my sss loan as per checking. How can I claim it with them if I resigned already.
Please reply to me I badly needed someone to shed light on my troubled mind. I actually need the previous company to give me the coe and 2316 before the end of this month since my new employer had already set deadline. How can I force them to provide me those without them getting a liquidated damages from me which I think is really unfair :'(

Unused VL - unless authorized by company policy, it cannot be used to cover any days for rendering during resignation.

The company policy on 90 days notice is valid - the law for rendering 30 days is a MINIMUM only.

The company is entitled to claim for damages for non-compliance with the notice period. Your agreement in the contract may be binding and you may be liable to pay or be deducted the difference in days.

Although... you should sign the quitclaim only after receiving (or paying) any amount due.

... deleted ...

I appreciate your reply IANAL. TINLA.

Such sweet words broke me. I do not have much choice that time but to render not even half of the 90 days notice they require from me. If you are provided with an oppurtunity as such will just let it slip away because of the bond they created for someone to not easily go even though you've completed training your replacement and turn over of work to do and all? I do not see any word which stated MINIMUM 30days in the law yet during my research. If you have a document, link or anything to provide to me as a reference please I beg you to furnish me.

LostWind wrote:I do not see any word which stated MINIMUM 30days in the law yet during my research. If you have a document, link or anything to provide to me as a reference please I beg you to furnish me.

Labor Code: check the text in BOLD below.

ART. 285. Termination by employee. - (a) An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.

Dictionary definition of "at least" -

at least
phrase of least
1.
not less than; at the minimum.
"clean the windows at least once a week"
synonyms: at the minimum, no less than, not less than; as a conservative estimate, at rock-bottom; more than
"check in at least one hour before take-off"

LostWind wrote:I appreciate your reply IANAL. TINLA.

Just to clarify - my username is "council" as you can see on the left. Just as your username is "LostWind"

Hi,
Confused po kasi ako Nagpasa po ako ng resignation sa employer ko 2weeks before the effective date. Tapos sabi po nila 1month process daw po kaya pumayag po ako sa process. Tapos dahil sa kunting Mali ko po ay nasuspended po ako ng 3days. Tapos tumawag yung employer ko po na total magreresign naman daw po ako ay di na daw ako papasok after ng suspension ko. makukuha ko pa rin po ba yung 13month ko? Tama po ba yun? Salamat po sa advice.

Hi,
Confused po kasi ako Nagpasa po ako ng resignation sa employer ko 2weeks before the effective date. Tapos sabi po nila 1month process daw po kaya pumayag po ako sa process. Tapos dahil sa kunting Mali ko po ay nasuspended po ako ng 3days. Tapos tumawag yung employer ko po na total magreresign naman daw po ako ay di na daw ako papasok after ng suspension ko. makukuha ko pa rin po ba yung 13month ko? Tama po ba yun? Salamat po sa advice.

Shiina wrote:Hi,
Confused po kasi ako Nagpasa po ako ng resignation sa employer ko 2weeks before the effective date. Tapos sabi po nila 1month process daw po kaya pumayag po ako sa process. Tapos dahil sa kunting Mali ko po ay nasuspended po ako ng 3days. Tapos tumawag yung employer ko po na total magreresign naman daw po ako ay di na daw ako papasok after ng suspension ko. makukuha ko pa rin po ba yung 13month ko? Tama po ba yun? Salamat po sa advice.

OPO, makukuha mo 13th mo pay mo. Isasama na iyon sa backpay mo.

Hello po. What if di nila binigay? Anong action po ba ang pwedeng gagawin ko? salamat po.

Hello po. What if di nila binigay? Anong action po ba ang pwedeng gagawin ko? salamat po.

magreklamo ka sa DOLE.

Hi. Gusto ko po sana mag inquire about 13th month pay. I am a private school teacher and was hired this June 2015. one of my colleagues mentioned that since we will not renew our contract for the next school year, the school will only give us 70% of our 13th month which will be divided into 2. One will be given this december and the other on March next year.
While other teachers who decided to renew their contract will get 100% of their 13th month.
Is this valid and legal?
How should companies compute their 13th month pay?
I hope you could help me in this matter.

Thank you very much.

100 % 13th month is when fullfil 12 months. If I understand corect, you will do less than 12 months by you don't renew the contract.
(If I remember corect, it's paid proportional to how long time the contract was. (E g 10/12 part if do full 10 months.)
So 70 % seem SOME to love, but it depend of start and end date more exact than just which month, so if you started in end of June and end early in March. then 70 % is corect (roughly).

Helo po. Hiningi ko po yung pay slip ko sa company kaso do nila binigay. kasi nag dededuct sila sa sahod namin pero walang hulog benefits namin. Ano po dapat Kong gawin. Tenk u po.

Shiina wrote:Helo po. Hiningi ko po yung pay slip ko sa company kaso do nila binigay. kasi nag dededuct sila sa sahod namin pero walang hulog benefits namin. Ano po dapat Kong gawin. Tenk u po.

Tanungin mo kung bakit ayaw ibigay.

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