LABOR AND EMPLOYMENT - LAST SALARY,13TH MONTH PAY AND TAX REFUND

I've been an employee of BIOMEDICA HEALTH CARE, INC. located in G/F Piedra Building, 1174 Don Chino Roces Avenue, Makati City from June 09, 2014 until I resigned last March 31, 2016.

Since my resignation, I tried to follow-up my money from them but no response getting from them until last May 5, 2016 when the owner/president of the company, Ms. Carina J. Motol replied to me exactly this "Wala pang naprepare na backpay sau. Di k p pwede magpunta doon kasi di pa tapos ang audit mo.  We will advice u once done." I did asked her anong audit and she replied dun daw po sa mga disbursement ko for 2015.  And so I conceded and waited... Until last Monday, June 20, 2016 when I follow up again thru txt about the status of my money. I told her that it has been almost 3mos since I resigned from them... with a reply that "mag-antay ka at babayaran ka"!  Then on June 23, 2016 when I learned that all employees who have resigned are being already paid except me.

And since last Monday, July 04, 2016, I follow up again to Ms. Carina Motol thru txt about it, but I received no responsed from her at all.  I've txtd her until today but still, deadma pa rin ang peg niya...

I need help from your good office...

How long do I have to wait? I am tired of texting Ms. CARINA MOTOL and getting the same response over and over again, and unfortunately, no response at all.

Hope you could help me through this.  The said money that I will be getting from them will be used by our family in additional funds for deposits for rental for our new home. We are supposed to transfer last June 09, 2016 but have been delayed because of lack of money.

I am desperately tired.  I don't know what to do anymore.

Hope to hear from you the soonest.

I am also struggling in following up my back pay from my previous job. My last day was last March 30, 2016. It's been 3 months also and counting. The only difference is that the Human Resources Department is responding to me politely regarding the status, but still it is taking me so long to get my back pay. They told me that after the processing of clearance signed by all the departments, it will take another month to process the check. I also need the money for the needs of my son.

Pinoy lawyer, I also have the same question with Ms. JHEN3075.

Is there a law or labor code which states how long the processing of back pay should only be?

we badly need your help on this.

Thank you very much.

Silent kasi ang labor code regarding time period for release of final pay. You can file a complaint. This might happen.
A) Bec of the complaint employer releases final pay right away.
b) The employer was going to release the final pay na sana but receives the complaint so they decide to wait till the conciliatory meeting to discuss it with you and the mediator. (ma delay ng around a month or two)
c) the employer was auditing something involving you and decides to file a case against you bec of the complaint

If wala naman talagang problema and dinedelay lang ng employer usually scenario A happens. If big multinational companies usually B happens kasi pag katanggap ng notice f your complaint diretso sa legal dept nila yan. Scenario C happens if merong discrepancy or missing nung nag turnover ka

Hi!

I wanted to ask kung ang separation pay bah ay ang iyong last pay? Or is it different? How about quit claim, is that the separation pay?

I will be resigning effective July 31, 2016. I was told that I will receive my 13th month pay, last pay ( for the remaining days I have worked ), leave credits, ITR kung meron.

I gave birth last December 10, 2015 and returned to work January 21, 2016. My status now is Single, head of household with 3 dependents. Am I entitled for a tax refund? Basic pay is 25,500, allowance of 2,000.

We were told that payment for the remaining leave credits are pro-rated. We are entitled 15 paid leaves in a year, only 7 are payable. But the 7 is not computed based on our daily rate. But computed in a pro-rated basis.
Daily rate ( 15 leaves) / 7 paid days = In my computation I will be receiving 2,522
Is what my company told me correct? kasi kung daily rate basehan natin dapat ang leave credits ko will amount to daily rate ( 7 paid days ) = 8238
Ang LAKi ng difference. Please advise.

last pay is usually yung huling salary mo. Last few days worked before leaving the company. Separation pay is a sum of money to be paid to you if you were terminated by the company
1. Termination is for any of the authorized causes under the Labor Code.
2. Where there is illegal dismissal and reinstatement is no longer feasible
3. As a measure of social justice where the employee is validly dismissed for causes other than serious misconduct or those reflecting on his moral character

re: tax refund. I would think meron but check first, while most companies deduct withholding tax sa employees on a pro rated basis, meron ding company na mag start mag deduct at the latter part of the year.

yung sa leave credits. The company is giving you 15 LC but only 7 are convertible to cash. Kaya yung 7 ang i-prorate. Tama lang yun, ang mandatory lang naman kasi is 5 days. They are giving you 2 extra but pro rated kasi hindi pa tapos ang 2016

Thank you! Just to confirm, in my case wherein I will be resigning, I will not get a separation pay, correct? Only my last pay and quitclaim?

yes since you are resigning you wont get separation pay

Ang asawa ko kc 1 year na pala na di hinuhulogan sa sss ng employer nya..nalaman lang namin nung mag decide kami ng asawa ko na magloan na since 4 years na syang naghuhulog sa sss kaya pwede n syang magloan but to our big surprise sabi ng sss wala daw syang hulog this 2016.. so i try to verify the sss number of my husband and his contribution online at ang sabi dun last april 2015 daw ang huling contribution ng asawa ko..tinanong ng asawa ko ang HR nula kung bakit ganun..ang sabi napunta daw hulog niya dun sa taga davao na ka apelyido nya..poseble bang mangyari yun? Kc diba sss number nmn ang huhulogan di nmn pangalan ng tao..sabi nila they will work for it and its been 1 month already wala pa rin naman silang ginawa..ano po ba dapat naming gawin f ever di talaga nila aayosin yun..saan kami dapat humingi ng tulong? Saka totoo po ba na kapag nahinto ang hulog ng isang taon sa sss mawawala na daw yung contribution ng asawa ko?

Yes possible talaga mangyari yun but it is probably the employers fault. Possible na na double entry dun sa kaapelido nya.

If hindi nila aayusin, pwede kayo mismo ang pumunta sa SSS. SSS na mismo ang tutulong sainyo

HIndi mamawala ang contribution although meron mga benefits na hindi nyo kaagad ma avail until up to date na yung contributions nya

Ah ganun po ba..salamat po sa advice..more power and God bless..

lukekyle wrote:re: tax refund.  I would think meron but check first, while most companies deduct withholding tax sa employees on a pro rated basis, meron ding company na mag start mag deduct at the latter part of the year.

yung sa leave credits.  The company is giving you 15 LC but only 7 are convertible to cash.  Kaya yung 7 ang i-prorate.  Tama lang yun, ang mandatory lang naman kasi is 5 days.  They are giving you 2 extra but pro rated kasi hindi pa tapos ang 2016

sir bakit po yong saakin tinanong ko po sa HR sabi hindi daw po kasama yung leave credit sa back pay?, in short hindi na nila babayaran bakit po ganun sa pagkakaalam ko lahat ng company dapat nag babayad ng leave credits na natira diba po? 2 and half na nga lang ho un ipinag dadamot pa nila.. paano po iyon?

iammaria wrote:
sir bakit po yong saakin tinanong ko po sa HR sabi hindi daw po kasama yung leave credit sa back pay?, in short hindi na nila babayaran bakit po ganun sa pagkakaalam ko lahat ng company dapat nag babayad ng leave credits na natira diba po? 2 and half na nga lang ho un ipinag dadamot pa nila.. paano po iyon?

Tingnan ang company policy.

Ayon sa LC ang pag commute o pag bayad ng natitirang SIL ay pwedeng gawin bawat taon o pag umalis ang empleyado.

Pero nasa LC din na hindi covered ng Art 95 (SIL) ang mga empleyadong lagpas sa 5 araw na leave ang nakukuha.

So unless nakalagay iyon sa policy, baka hindi nga kayo entitled sa commutation (or pay out) ng leave credits.

Tgnan ko po muna sir salamat ng marami.

Sir sabi mo lagpas five araw ang daakin ksi 2 and half days lang po ang leave credit ko march ako umlis first quarter of the year palang po un

Ano ba yang sa inyo - SIL or VL?

Kung SIL yan pwedeng ma-convert at the end of the year kung hindi nagamit. Ipunin muna at pag dating ng Disyembre at hindi nagamit, pwedeng ibayad.

Paid To Leave lang po tawag samin

if tama ang pag ka intindi ko, ginamit mo na ang 2 1/2 days na leave? if march 31 ka kasi umalis ang pro rated nito is 1.25 days lang kaya sumobra na ang leaves mo. Kaya wala ka nang matatanggap