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Good Morning Atty.
I file a case at NLRC regarding my money claims and unreleased COE and requesting a copy of BIR proof of remittances on the undeclared allowance for more than 8 years.
Last June 13, 2017 - our 2nd hearing - Respondent lawyer told the arbiter that they will release the remaining money claims and COE but not the proof of payment because that allowance is tax shield. I told the arbiter since the tax withheld did not remit to BIR i ask them to release even the half of the last 3 years tax withheld amounting to 75k plus the 40k money claims. The lawyer told that BIR is different party to NLRC and they will release the 40k and COE if i will sign agreement stating that "wala na akong hahabulin sa kanila even the BIR claims". The respondent lawyer also told me that they will contact me regarding the settlement but as of now, no info coming from thier end. I texted the company owner that I am willing for the settlement but still no answer.
My Question is "Do I need to proceed to position paper? My only evidence is the consistent bank deposited allowance which is the net amount coming from owner personal bank account, the owner did not give me any contract and payslip on the allowance from June 2008 to July 2016. Before i resigned last September 2016, Bigla nila sinama ang allowance in my declared salary and included na sa payslip ko as thier explanation the gross amount of allowance included in my payslip is supposedtobe the net of undiclared allowance.
Atty. Ano po mangyayari if hindi ako makapagsubmit ng position paper dahil mahal po ang mga private lawyer and hindi naman daw po ako qualified to get indigency dahil may work po ako. Please enlighten me po.
Maraming salamat po
I file a case at NLRC regarding my money claims and unreleased COE and requesting a copy of BIR proof of remittances on the undeclared allowance for more than 8 years.
Last June 13, 2017 - our 2nd hearing - Respondent lawyer told the arbiter that they will release the remaining money claims and COE but not the proof of payment because that allowance is tax shield. I told the arbiter since the tax withheld did not remit to BIR i ask them to release even the half of the last 3 years tax withheld amounting to 75k plus the 40k money claims. The lawyer told that BIR is different party to NLRC and they will release the 40k and COE if i will sign agreement stating that "wala na akong hahabulin sa kanila even the BIR claims". The respondent lawyer also told me that they will contact me regarding the settlement but as of now, no info coming from thier end. I texted the company owner that I am willing for the settlement but still no answer.
My Question is "Do I need to proceed to position paper? My only evidence is the consistent bank deposited allowance which is the net amount coming from owner personal bank account, the owner did not give me any contract and payslip on the allowance from June 2008 to July 2016. Before i resigned last September 2016, Bigla nila sinama ang allowance in my declared salary and included na sa payslip ko as thier explanation the gross amount of allowance included in my payslip is supposedtobe the net of undiclared allowance.
Atty. Ano po mangyayari if hindi ako makapagsubmit ng position paper dahil mahal po ang mga private lawyer and hindi naman daw po ako qualified to get indigency dahil may work po ako. Please enlighten me po.
Maraming salamat po
