Backpay Not Yet Given

I am a cleared employee of an IT company, so walang reason para ihold ang backpay ko.

Is there any legal basis na dapat is mabigay na ang backpay in a month? Or maximum of 30 or 60 days?

Thanks po

you probably mean final pay. unfortunately walang set na time but ang normal is around 60 days

I am referring to income tax return, 13th month pay, and leave conversions. I am not sure what you call it.

Yes that is called Final Pay.

Back pay denotes if you were not paid sometime during your employment and these are the back wages you wanted to be paid, hence the term back pay.

Final pay is the last or pay that you will receive from the employer which includes unpaid salary of the last cut-off date, 13th month pay, tax return, leave conversion, etc. As Luke stated, there is no set date or time for this to be released.

mateyo28 wrote:I am referring to income tax return, 13th month pay, and leave conversions. I am not sure what you call it.

I just like to know if theres any possible win for the case of delayed back pay from my previous employer? I worked in a BPO industry as an agent for 1 year and 3 months then resigned. I processed my clearance and rendered 30 days period and it all went perfectly fine. Now
We had an written agreement that the process for the back pay will only last for 90 days however after i was cleared in my previous company, until now i haven't receive my back pay its almost 150 days already and I'm still waiting for it. I did go to the office to talk to them and ask a valid reason why theres no notification that was sent to me no calls text nor emails for the status of my back pay even though i tried so many times to follow it up. No efforts had been made by them i even talked to the HR manager and accountant and they admitted there mistake about it. Now that i filed against them i would like to sue them for the damages they've done to me because of the inconvenience happened and all. I would like a direct to point legal advise from you if I am going to take this to the arbiter or just settle them in SENA instead?

Your response is highly appreciated.
Thank You,

just settle, the only way to get damages is if you can prove that they intentionally and maliciously did not release your final pay. otherwise even if you win your complaint you will be only awarded your final pay

Oh thats it only? What about the delayed issues they have? Is emails fine as a evidence of mine that theres really no effort done by them?

The emails might not be enough. You will only lengthen the time that you will receive your final pay by going back and fourth with your case and no additional compensation will be received. Not worth the effort.

What about if i ask for compensation or money claim for the inconvenience that happened to me? Do u think theyll provide it in our sena plus my final pay? So that we could just settle then, is it appropriate to ask that? And if yes do u have any figures in mind to share?

very rarely is any compensation given in regards to damages or inconvenience unless it is proven na the employer acted in bad faith. that is why it is almost useless to file a complaint for delayed salaries. sometimes it is filed just to speed up the process.

you can try, sometimes the employer will pay additional para lang matapos na. other times employer will offer less than what you should get kasi isip nila even if matalo sila eh di saka nila bayaran yung full amount. its really anyones guess.

What if its like this?
I would like to know if theres a chance to win for breaching of contract in my case.
I applied in a bpo company last aug 11, 2017  and passed the recruitment process also completed the necessary requirements that i must do for the specific account that they offered. Then we had a written contract that class will start on sept 25,2017 so i waited and did not look for a job anymore however someone from the hr called me now and he said that the class was cancelled because of client decision and moved to Oct 23,2017 but still theres no assurance that it will still push through so they did offered me another account for a different post and sadly the compensation is way too low from the account that i supposedly handle this sept 25. And he said that i need to go to the another recruitment process for that again and pass it on monday and if i will not go i wont be able to get that job. So is there any way that i can file a case and sure win about this? Because of the damage and inconvenience that i did  wait too long for the job and did not apply or look for any job just because i thought it will start on sept 25 this year. Please tell me what to do thanks!

nope no sure win. labor case kasi ito kaya they are looking for actual damages, hindi yung mga "dapat sana".
but yiou can always try, in my opinion medyo malabo

Ok sge salamat