How to deal with BPO's who don't take your request for backpay and clearance pay seriously.

Hello there. There are around 4 of us whose backpay is still not available after 60 days of clearance application due to the account got closed. The company only advised it will take another weeks or 60 to 90 days as their company standard.

1--But we need it along with our BIR 2316 fast coz there's this rule daw na if we fail to submit it to our new company on or before November 20, we wont get our tax refund? Is this true?

2-- we plan to file a complaint together ( to be more formidable) with DOLE or file a notice letter to the HR of our intent to sue them. BUT we are concerned if this will affect our future employeability with other BPOs since we have a record of complaint ?

3- most of us wont be able to make personal appearance because we have not earned leave credits in our new company. Will one authorization letter with all our signature suffice?

1. where do you plan to get the tax refund? from your old company or the new company? Getting tax refund will depend on how long have you been working from the old company? how much tax was deducted to you? and did you reach the personal exemption.

2. suing your previous company will affect your employment with other BPO, specially when they left a record on your 201 File (Hard or Soft Copy) that you have filed a case against them. If you are applying in a BPO and they did a background investigation, the old company can state that as per their record you are a "Blacklisted" employee or an employee who filed a case against them. Companies do think twice when hiring an employee who filed a case against their previous employer... or they would also think twice in "regularizing" you if you are going on leave to be present on your case against the old company.

Hi miko, thanks for the quick reply.

1---It should be from the 1st company. Actually am also confused how it affects the new company. Except my tax is getting higher each payroll. I have worked in the old company for 5 years and 10 months. Yes, I had personal exemption. I dont know how much tax was deducted from me in total.

2--- having a tarnished record for a just cause sounds unfair. Is there no law that protects us from such ?

1. Receiving a tax refund from your previous company would have been great, if you don't plan to work in another company for that year (i.e. 2017). However, it would be better if you don't get a tax refund.

In your new company, the HR would ask you for your 2316. If they see that you were refunded, and during the annualization of taxes they will take into account the income you have received from your previous company and add the tax that you should have paid (which was refunded) and deduct it from you. If your payroll is good, he/she would have done an annualization as early as October so as to deduct the "tax" evenly in the remaining number of payroll left for the year. If not, they will deduct it as a whole on the last payroll of the year which is Dec. 31. In most cases, employees have no salary since everything was paid to tax.

2. There is libel and there is slander. However, I don't think that this will apply to company employment records.