Legal Question in Employment Law in Philippines

Sir, good morning. I resigned to my job last june 2012 because the company rejected my application for leave of absence. I notify them 11 days prior to the leave. Few days before the scheduled day, my boss informed me that my leave was rejected. I explained to why they informed me so late that I arranged already my plans during the said dates. so here I am I have no job, now I requested them for my Last pay until now I havent received yet despite of the follow ups made to them. Please advise for the legal actions to be made for them. Thank you very much. - Ronald


Asked on 8/11/12, 8:36 pm

1 Answer from Attorneys
ALEXANDER ACAIN JR. GUZMAN TA�EDO & ACAIN

Hi,

You have no cause of action against the company if you resigned voluntarily or your resignation was at your own instance. Certainly, if will be a different matter if you were forced to resign from the company. It will be a case of a constructive dismissal if your resignation was involuntary.

Some companies have policies or established practices for releasing the last pay to resigned or terminated employees. Getting clearances from HR are usually the reason of the continued delays. I suggest that you write a letter or email the company and inquire why your last pay was delayed. You can also file a money claim with the Department of Labor if you have grounds to believe that the delay of your last pay was unreasonable.

Regards,

Alex Acain

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Answered on 8/11/12, 11:16 pm


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