Legal Question in Employment Law in Philippines

I filed my resignation on March 2,2013 and my last day is supposedly on April 10, 2013, due to my health condition, my supervisor and I made an internal arrangement that I could end my service on march 31st. Before I agreed I asked him if I could be able to get my salary on the 5th of April. He told me that most likely yes. But I was surprised when I did not received my pay on the 5th of April, and so I went to HR department to inquire on the matter. They told me that my status in the company (BPO) is inactive and since everything is system based they could not do anything about it because the system could not generate payroll for me. I could not accept their explanation when my 2 team mates who also resigned was able to get their pay. I was really wondering what happened to mine. Colleague of mine also filed his resignation and we were both taken out from the manpower list on the 27th of March, but he confirmed to me that he received his salary on the fifth, so if its really system based how come others, who also resigned and taken out on the list on the same day as mine, got their pay? The HR manager , upon hearing my queries told me that the best solution to my issue is to fast track the process of back pay, she even talked to my supervisor on the same day at her office, requesting him to fasten also the process of my clearance, but my supervisor informed me that the token or the little device to access our computer system issued to me before can no longer be located. As far as I can remember the last time that I used my token was when I was in Learning laboratory, and returned it when our SME told us to return it for production use. Since then I did not use it. Since I have returned it properly, its no longer my fault it they have misplaced it. What are the steps that I need to do to file a legal complaint about this issue? It almost 2 months now and everyday I ask my supervisor for any updates but he always give me the same answer, "We cannot locate your token and operations would not declare it missing until someone is held liable for the device". Please guide me with this one.


Asked on 6/01/13, 8:14 pm

1 Answer from Attorneys

VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

File a case for money claim before the NLRC

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Answered on 6/10/13, 6:48 am


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