Not rendering 30 days: No clearance, No backpay

aprilr · 1 Not rendering 30 days: No clearance, No backpay Tue Oct 18, 2016 8:40 am

aprilr

Arresto Menor

Posts : 1
Join date : 18/10/2016

Please enlighten me. I gave my resignation yesterday(Oct 17) effective 1 week forward-last day is Oct 25 due to personal reasons.
The HR manager talked to me and said that if I do not render 30 days, I will not get clearance from the company (she said it's a company policy) and if I do not get cleared I won't be able to get my back pay. Can the company do it? How do I approach the company with this. I really can't render 30 days but I believe I have the right to get my hard earned money. Please help.

lukekyle · 2 Re: Not rendering 30 days: No clearance, No backpay Tue Oct 18, 2016 10:29 am

lukekyle

Reclusion Perpetua

Posts : 2115
Join date : 25/04/2016

i would advice you to just render the 30 days.
1. You will be liable for damages if you do not. This is under the labor code.
2. In my opinion, last pay may be withheld pending clearance.

try to ask DOLE their hotline is 1349

HrDude · 3 Re: Not rendering 30 days: No clearance, No backpay Tue Oct 18, 2016 2:53 pm

HrDude

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Posts : 971
Join date : 26/10/2015

aprilr wrote:Please enlighten me. I gave my resignation yesterday(Oct 17) effective 1 week forward-last day is Oct 25 due to personal reasons.
The HR manager talked to me and said that if I do not render 30 days, I will not get clearance from the company (she said it's a company policy) and if I do not get cleared I won't be able to get my back pay. Can the company do it? How do I approach the company with this. I really can't render 30 days but I believe I have the right to get my hard earned money. Please help.

Even if this matter is in your policy, the company CANNOT absolutely hold your backpay. You have the right to process your clearance and your company has the duty to ascertain that you are cleared of all accountabilities. If there are accountabilities though, your company can hold your clearance TEMPORARILY.

Your company only has to hold your backpay on the condition that you are cleared. If they insist that you forfeit your backpay because you have not rendered the 30 day period, you may file a complaint.

lukekyle · 4 Re: Not rendering 30 days: No clearance, No backpay Tue Oct 18, 2016 3:50 pm

lukekyle

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Posts : 2115
Join date : 25/04/2016

yes ang problema in practice, the company will always say na its on process. They wont categorically say na its forfeited na

HrDude · 5 Re: Not rendering 30 days: No clearance, No backpay Tue Oct 18, 2016 6:18 pm

HrDude

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Posts : 971
Join date : 26/10/2015

Then these companies should bear the risk of complaints.

lukekyle · 6 Re: Not rendering 30 days: No clearance, No backpay Tue Oct 18, 2016 8:44 pm

lukekyle

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Posts : 2115
Join date : 25/04/2016

yeah and the penalty should the arbiter rule against them is just to give the backpay din. so no incentive for them to do so.

HrDude · 7 Re: Not rendering 30 days: No clearance, No backpay Tue Oct 18, 2016 11:11 pm

HrDude

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Posts : 971
Join date : 26/10/2015

Problem solved... backpay given.

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Not rendering 30 days: No clearance, No backpay

1 Not rendering 30 days: No clearance, No backpay Tue Oct 18, 2016 8:40 am

aprilr

2 Re: Not rendering 30 days: No clearance, No backpay Tue Oct 18, 2016 10:29 am

lukekyle

3 Re: Not rendering 30 days: No clearance, No backpay Tue Oct 18, 2016 2:53 pm

HrDude

4 Re: Not rendering 30 days: No clearance, No backpay Tue Oct 18, 2016 3:50 pm

lukekyle

5 Re: Not rendering 30 days: No clearance, No backpay Tue Oct 18, 2016 6:18 pm

HrDude

6 Re: Not rendering 30 days: No clearance, No backpay Tue Oct 18, 2016 8:44 pm

lukekyle

7 Re: Not rendering 30 days: No clearance, No backpay Tue Oct 18, 2016 11:11 pm

HrDude

8 Re: Not rendering 30 days: No clearance, No backpay

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