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Question Final Pay Inquiry

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6 years 2 months ago #1030 by Chris
Chris created the topic: Final Pay Inquiry
To begin with, the date of my resignation is Dec 1, 2017. They placed my salary on hold for the Nov 30th pay out which I should have already received on the 29th since we get paid a day ahead. My manager at that time mentioned that she will already request it to be put on hold so that it can be used for deductions for the Dec 1-16 cut off since it will be assumed and that I won’t owe the company any debts. I had a glimpse on the attached documents on the check and when I started to ask the person releasing it. She mentioned that she does not know anything about it and that I reach out to our HR for the information. I did just that, I reached out to our HR Head and still did not get a concrete answer (via SMS and Messenger) and I went to the office as well but was not met by any HR Personnel.

Below are some of the questions I have.

1. What are your thoughts on the above scenario?
2. With regard to payroll what does it mean exactly when we say (assumed present/paid) semi-monthly?
3. Since I am no longer with the company why would they assume that I will be present from Dec 1st to the 16th?
4. For the final pay computation, is it legal to deduct the number of days not worked from your total earnings (days worked, 13th month pay and Tax refund)?
5. Is it also customary not to have the ITR, Clearance and not receive any copy of documentation (e.g. Quit Claim) upon release of the final pay check?
6. Can the quit claim be nullified? If so how will this be done?
7. I would like to pursue this matter legally with NLRC/DOLE but would like to get expert advice/opinion before doing so.


PS. Not sure what category to put this inquiry, apologies.

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6 years 2 months ago #1079 by Action Officer 12
Action Officer 12 replied the topic: Final Pay Inquiry
Please be informed that as a matter of policy, the Commission does not render opinions or rulings on issues that may be the subject of a complaint or appeal before it. This is so especially when there are material facts necessary to the judicious adjudication of the issues which are not fully represented or substantiated as in this case.

Nonetheless, we suggest that you file the necessary labor complaint before the National Labor Relations Commission (NLRC), as it appears that you are working in the private sector and you are dealing with money claims.

We hope we have been of service to you.

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