MTC HRD Thread

[VentureMaker]

Thanks for your response Dr Love. We have two other concerns. The first---is it mandatory when you have to terminate workers for redundancy that you let go of the the least senior first or can you let go of the least efficient? The second is if something important and urgent must be picked up can you require an employee who is not a messenger to do it if the messenger is absent?

[council]

The second is if something important and urgent must be picked up can you require an employee who is not a messenger to do it if the messenger is absent?

 

I'll let Dr. Love answer the first part of your question.

 

As to the other part... Yes, when exigency demands it, any other employee may be required to do any other task as long as it is not morally or legally unacceptable.

[Dr Love]

Thanks for your response Dr Love. We have two other concerns. The first---is it mandatory when you have to terminate workers for redundancy that you let go of the the least senior first or can you let go of the least efficient? The second is if something important and urgent must be picked up can you require an employee who is not a messenger to do it if the messenger is absent?

Good morning!

 

Regarding your 1st question, is it mandatory to have to terminate workers for redundancy under a last in, last out basis, or based on performance. Let me just clarify, you said redundancy, meaning the position is being removed since they are no longer needed. Meaning those employees whose position has been declared redundant will be separated regardless of tenure or performance. If your intent is just to lessen the number of employees, it should be a retrenchment program. under such a program, its management prerogative to determine the schme to use in determining who goes and who stays. Either the LIFO method or the performance based scheme maybe adopted. Personally though, I would prefer to use the latter since what we want to minimize our non-performing employees. But in the end, management has the sole authority to determine who goes and who stays.

 

Regarding your 2nd qestion, Council is right in saying that your boss can ask you to do things not directly stipulated in your job description as long as what is asked of you to do is not against the law or your own CRR. Moreover, this "new or extra" task should be on temporary or interim basis only. If it becomes regular, your job description should be updated. If you want to know what specific clause in your job description this is contained, it's under the grandfather clause which states, "You maybe assigned to perform other task from time to time."

 

Hope that answer your questions. :mtc:

[wormyx]

Thanks for the response.

[VentureMaker]

Thanks, council and Dr Love!

[succubus]

Good Morning!

 

tanong lang po

 

I resigned at hanggang buklas na lang po ako. Im not reallt familiar with HR things. Do I supposed to receive anything?

 

They also asked me to sign this CERTIFICATE OF CLEARANCE and it says-

 

To Whom it May concern:

This is to certify that ________________has/had voluntarily resigned from (name of company/institution) effective ______ as a________ which the company/institution accepted.

It is also certified that the parties hereto have no claim or complaint against each other of whatever nature and therefore absolved each other of any liability whatsoever.

IN WITNESS WHEREOF, the paties hereunto affixed their hands this ____ day of _____, in_______, Philippines

 

 

pasensya na po, gusto ko maliwanagan

 

thank you po

[council]

Good Morning!

 

tanong lang po

 

I resigned at hanggang buklas na lang po ako. Im not reallt familiar with HR things. Do I supposed to receive anything?

 

 

Yes you may be entitled to any or all of the following:

 

1. final salary for the period

2. 13th month pay (pro-rated)

3. tax refund

4. other company benefits as provided for.

 

They also asked me to sign this CERTIFICATE OF CLEARANCE and it says-

 

To Whom it May concern:

This is to certify that ________________has/had voluntarily resigned from (name of company/institution) effective ______ as a________ which the company/institution accepted.

It is also certified that the parties hereto have no claim or complaint against each other of whatever nature and therefore absolved each other of any liability whatsoever.

IN WITNESS WHEREOF, the paties hereunto affixed their hands this ____ day of _____, in_______, Philippines

pasensya na po, gusto ko maliwanagan

 

thank you po

 

This is acceptable but should be signed only after you have received all amounts due you.

[Dr Love]

Hello Nics,

 

Below is basically a Release Waiver and Quitclaim which simply states that both you and your employer has no more claims, financial or otherwise, with each other. Ergo, wala ka ng hahabulin sa kanila at sila din sa iyo.

 

Tama si Council, you are entitled to your final pay and this would normally include the following:

1. Your last salary (coz salary of resigning employees are normally witheld upon submission and acceptance of your resignation)

2. Pro-rated 13th month pay (Your total salary from January 1, 2007 til your last day divided by 12)

3. Tax refund (They would compute how much would be your annual tax payment due based on your total accumulated earnings to date then return to you as refund any amount beyond your tax due)

4. All company mandated benefits (based on your company's benefit policy) such as

- Leave conversion (Pro-rated normally)

- Separation Pay (An amount given to an employee who has served the company atleast n number of years)

 

One last reminder though, dont forget to leave a Special Power of Attorney (SPA) in favor of spawn so he can claim your final pay from your employer since it normally takes an organization 15-30 days after your last day of work to process your clearance and subsequently release your money

 

Good Morning!

 

tanong lang po

 

I resigned at hanggang buklas na lang po ako. Im not reallt familiar with HR things. Do I supposed to receive anything?

 

They also asked me to sign this CERTIFICATE OF CLEARANCE and it says-

 

To Whom it May concern:

This is to certify that ________________has/had voluntarily resigned from (name of company/institution) effective ______ as a________ which the company/institution accepted.

It is also certified that the parties hereto have no claim or complaint against each other of whatever nature and therefore absolved each other of any liability whatsoever.

IN WITNESS WHEREOF, the paties hereunto affixed their hands this ____ day of _____, in_______, Philippines

pasensya na po, gusto ko maliwanagan

 

thank you po

[succubus]

Yes you may be entitled to any or all of the following:

 

1. final salary for the period

2. 13th month pay (pro-rated)

3. tax refund

4. other company benefits as provided for.

This is acceptable but should be signed only after you have received all amounts due you.

thank you very much for your answer

sobrang helpful po sya...nga lang kasi ewan ko kung may alam yung HR namin dito, kasi wala naman

 

Hello Nics,

 

Below is basically a Release Waiver and Quitclaim which simply states that both you and your employer has no more claims, financial or otherwise, with each other. Ergo, wala ka ng hahabulin sa kanila at sila din sa iyo.

 

Tama si Council, you are entitled to your final pay and this would normally include the following:

1. Your last salary (coz salary of resigning employees are normally witheld upon submission and acceptance of your resignation)

2. Pro-rated 13th month pay (Your total salary from January 1, 2007 til your last day divided by 12)

3. Tax refund (They would compute how much would be your annual tax payment due based on your total accumulated earnings to date then return to you as refund any amount beyond your tax due)

4. All company mandated benefits (based on your company's benefit policy) such as

- Leave conversion (Pro-rated normally)

- Separation Pay (An amount given to an employee who has served the company atleast n number of years)

 

One last reminder though, dont forget to leave a Special Power of Attorney (SPA) in favor of spawn so he can claim your final pay from your employer since it normally takes an organization 15-30 days after your last day of work to process your clearance and subsequently release your money

ay ganun po? as in special power of attorney po?

hmmmmm....

 

ithank you po talaga sa mga sagot

[council]

- Separation Pay (An amount given to an employee who has served the company atleast n number of years)

 

This of course is if you have a company retirement plan in place. If not...

 

The only mandatory separation pay is as per Articles 28-284 of the Labor Code (Retrenchment and/or Redundancy) or those falling under REPUBLIC ACT NO. 7641 (RETIREMENT PAY LAW), which provides that:

 

"In the absence of a retirement plan or agreement providing for retirement benefits of employees in the establishment, an employee upon reaching the age of sixty (60) years or more, but not beyond sixty-five (65) years which is hereby declared the compulsory retirement age, who has served at least five (5) years in the said establishment, may retire and shall be entitled to retirement pay equivalent to at least one-half (1/2) month salary for every year of service, a fraction of at least six (6) months being considered as one whole year. "

[bernard_palanca]

Good noon to everyone. I'm currently employed in a distributor and importer company. And in our department, we are having a bit problem regarding merchandiser deployed sa mga supermarkets. To shorten my post, may mga merchandisers kaming matatagal na but under agency sila. Maraming beses narin nagchange ng agency ang company namin and sumasama naman itong mga lumang merchandisers. Ang querry lang namin is, magkakaroon ba ng labor issue ang company namin regarding sa mga matatagal ng merchandisers? Pero under agency sila hindi sila directly hired by our company.

 

Industry practice for the distributions companies and other allied organizations is to hire a third party manpower provider or what we call "agencies". There are two types of employees in this regards, the temporary staff and the project based staff. Tempo staff is being contracted by companies for a short term basis, let say 3-5 months. In the event that event that this temporary staff was still in the company beyond what is stated in the contract, the company has no other choice but to regularized that employee.

 

As for the project based employee, these people are being contracted by companies who has long term projects ranging from 6 months to one year.

 

For both employees they should be covered by the government mandated benefits. But they will not enjoy company benefits.

[walks_the_night_alone]

Quick Q... well 2 of them...

 

Are leave conversions taxable? and...

 

Whats the latest date that your Tax Refund could be released?

[Wyld]

Quick Q... well 2 of them...

 

Are leave conversions taxable? and...

 

Whats the latest date that your Tax Refund could be released?

 

 

In the Philippines income is Annualized - what that means is all your earnings are added up, then a standard exemption (deduction) is applied - this depends on whether you are Single, Head of the Family (number of dependents are also considered) or Married (whether you claim for your children as your dependents would matter too). The amount of tax already withheld from your monthly paycheck will also be deducted from said amount.

 

The amount that remains after the deduction and the tax you have already paid is applied will be your Annual Taxable Income - this is the one that will be taxed based on a tax table provided by the BIR.

 

Release of Tax Refunds will depend on the policy of the company you work for. Where I used to work, we made it a practice that all Tax Refunds be released before the last day for filing of Income Taxes - I suggest you ask HR about this one.

[council]

Quick Q... well 2 of them...

 

Are leave conversions taxable? and...

 

Whats the latest date that your Tax Refund could be released?

 

AFAICR, leave conversions of 10 days or less are tax-free. Those in excess are taxable.

 

By practice in our company, tax refunds are paid out along with the final salary/benefits within 30-60 days from termination of employment.

[Dr Love]

Quick Q... well 2 of them...

 

Are leave conversions taxable? and...

> Vacation Leave up to 10 days is not taxable. Anything beyond is taxable

> Sick Leave is taxable.

 

Whats the latest date that your Tax Refund could be released?

> Normally your income earned for the year is annualized normally during November to enable the employer to adjust accordingly the tax witheld from your income. Seldom do you get a refund except if you change status from single to married or gave birth especially if its during the 3rd or 4th quarter of the year.

> Those who resigned from work during the year especially if one leaves during the 2nd & 3rd quarter are normally given refunds since their income for the year (January til the date of separation) is annualized and the corresponding tax due computed for such income. If the tax witheld is more than the computed tax due, a refund is given to the resigning employee as part of his/her final pay

 

Hope that helps!