MTC HRD Thread

[jpatricks1]

I worked for a company for almost 3 years. Okay naman at first pero when I got my ITR, turns out wala pa pala kong TIN (it was my first job). Ganun pa rin the next year even though nagpasa naman ako ng tamang forms (new tin application with BIR). Tapos nag check ako sa SSS throughout my career walang na credit na contribution sakin. To make matters worse, during my last months, sobrang liit ng sinahod ko. Lahat pa ng disputes ko sa sweldo di bumalik sakin. Nagkamali sila sakin dati binigyan nila ko commision for 5k less tax so I only got 3.5k. Next cut off dineduct nila sakin yung buong 5k. Sobrang nakakagago pa yung management pero matitiis ko yun if they just paid me right. Nainis ako and I just left the company without filing resignation. What should I expect from my decision? I know it's not the smartest thing to do but di ko na kaya e. Would it be considered as termination na rin? TIA

[yahuidkanu]

Do HRD Personnels really verify the applicant's documents like the the diploma, transcript, and if ever submitted a Certificate of employment do they really call your previous or current employer?

[council]

Do HRD Personnels really verify the applicant's documents like the the diploma, transcript, and if ever submitted a Certificate of employment do they really call your previous or current employer?

 

Yes, these documents are verified, sometimes by a 3rd party investigator.

 

For highly sensitive positions, we contact any or all of the previous employers as the need arises.

[LordJaden]

This is my case naman po. I am working for this particular company for eight years na as bldg. administrator. Now the building im managing was leased out (whole bldg mismo) to a different company. My boss wants to transfer me to his other company and my staff will be absorbed by the new company. The thing is, my boss' other company is kinda notorious especially for the managers, bihira ang nagtatagal talaga. Assuming they will continue my length of service, meaning start ako dun as 8 years na, and then I later resigned eh di wala ako makukuha separation pay di ba? Sayang ang 8 yrs ko. My question now is this. Are they legally bound to pay me my separation pay in case hindi ako pumayag sa offer nila sken to be transferred to his other company? And also my staff na matatagal na din, di ba dapat din nila i-settle muna yun and then chaka nalang sila i=hire ng new company? Parang umiiwas kasi sila sa separation pay kaya nila ginagawa yun eh. What can we do kaya?

 

Tnx po.

[Tokoy]

can i file my resignation letter with a certain effectivity date even if we had a 30 day notice?

 

also what if they dont allow me to file a resignation letter? do they have the rights to do that?

 

yes, however depending on the company some may agree to bypass the 30 day period others wont specially those in a sensitive position that requires proper turnover.

 

your contract of employment has a termination clause, it's either you or the company can terminate the contract of employment. so if you decide to resign certainly the company or your employer cannot stop you from doing it. but take note of the contract if a 30 days notice is enforced.

 

thanks.

[Tokoy]

I worked for a company for almost 3 years. Okay naman at first pero when I got my ITR, turns out wala pa pala kong TIN (it was my first job). Ganun pa rin the next year even though nagpasa naman ako ng tamang forms (new tin application with BIR). Tapos nag check ako sa SSS throughout my career walang na credit na contribution sakin. To make matters worse, during my last months, sobrang liit ng sinahod ko. Lahat pa ng disputes ko sa sweldo di bumalik sakin. Nagkamali sila sakin dati binigyan nila ko commision for 5k less tax so I only got 3.5k. Next cut off dineduct nila sakin yung buong 5k. Sobrang nakakagago pa yung management pero matitiis ko yun if they just paid me right. Nainis ako and I just left the company without filing resignation. What should I expect from my decision? I know it's not the smartest thing to do but di ko na kaya e. Would it be considered as termination na rin? TIA

 

since you left the company already just look for the brighter side of your decision and move on. here's what you can do with your ITR problem if it would crop up again with your new employer.

 

1. make certain that you fill-out all the forms properly with the corresponding attachments. when i was still there the BIR wants everything to be in black ink pen. i had this problem before with my staff that later I found out that she is too busy calling those employees with erroneous applications and/or attachment.

 

2. if everything is okay and still you didnt receive your TIN, then i suggest that you go and see people in your HR or payroll department so you would know the real situation of the application. the problem might be two-way, your employer who failed to send the application on time or BIR wasnt able to generate tax information numbers.

 

SSS on the otherhand, has a different set of requirements. please take note that TIN and SSS number are two separate entities just consult your HR so you would be guided properly. Also, you have to apply for another number for PAG-IBIG and Philhealth. Sounds complicated isn't it?

 

With your decision of leaving without notice. The company has the right to put you on a terminated basis and they may withhold your benefits to include your final pay. Since, this will appear on your 201 file, chances are when you apply for a new job this would come out in the background check. Just prepare in advance.

 

thanks.

[Tokoy]

This is my case naman po. I am working for this particular company for eight years na as bldg. administrator. Now the building im managing was leased out (whole bldg mismo) to a different company. My boss wants to transfer me to his other company and my staff will be absorbed by the new company. The thing is, my boss' other company is kinda notorious especially for the managers, bihira ang nagtatagal talaga. Assuming they will continue my length of service, meaning start ako dun as 8 years na, and then I later resigned eh di wala ako makukuha separation pay di ba? Sayang ang 8 yrs ko. My question now is this. Are they legally bound to pay me my separation pay in case hindi ako pumayag sa offer nila sken to be transferred to his other company? And also my staff na matatagal na din, di ba dapat din nila i-settle muna yun and then chaka nalang sila i=hire ng new company? Parang umiiwas kasi sila sa separation pay kaya nila ginagawa yun eh. What can we do kaya?

 

Tnx po.

 

When you decide to transfer to the sister company kindly make sure that you retain your seniority to include all your benefits. If they decide to start you fresh then negotiate for a better offer then have them pay all compensation due you (separation pay, retirement, leave conversion and other benefits that can be monetarily converted). Are they legally bound to pay you a separation pay? If your company has a separation/retirement plan I believe they are bound to pay you that. Mostly, the vesting period for a separation/retirement is 5 years so with your case you are in a very good situation. If ever, they declare your position as redundant sans the leased out that happen they still have to pay you for that.

 

My gut feeling with your company is that they would want to start everyone fresh. So make sure that you wind up everything properly compensation and other benefits included.

 

thanks.

[laruku]

question lang po... ang Vacation leaves po ba ay imposed by law or priviledge given by a company? if hindi po nagamit yung vacation leave for the year lets sat 15days ang alotted vacation leaves and may natira ka na 10.. is it your right to use it or puwede na convertible to cash? and how about philhealth.. paano po kung wala kayong philhealth/pag-ibig number and binabawasan po kayo sa suweldo? saan po napupunta yung binabawas sa suweldo ninyo? thanks po in advance...

[council]

question lang po... ang Vacation leaves po ba ay imposed by law or priviledge given by a company? if hindi po nagamit yung vacation leave for the year lets sat 15days ang alotted vacation leaves and may natira ka na 10.. is it your right to use it or puwede na convertible to cash?

 

VLs are privileges/benefits from the Company. Strictly speaking, the law only provides for 5 days of Service Incentive Leave.

 

ART. 95. Right to service incentive leave. - (a) Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay.

 

However, if you are receiving an equivalent or better benefit, then the SIL shall not apply anymore.

 

As to procedure on unused VL, the company, through its policies, has the final say. Some companies convert all unused leaves at year-end. Some allow an accumulation of 30-60 days and have them convertible to cash upon resignation.

 

 

and how about philhealth.. paano po kung wala kayong philhealth/pag-ibig number and binabawasan po kayo sa suweldo? saan po napupunta yung binabawas sa suweldo ninyo? thanks po in advance...

 

They may use your SSS number and/or TIN as reference to have the philhealth or pag-ibig benefit credited to you.

[ice_man5210]

hi, I'd like to inquire on the topic of retrenchment.

 

Is it an easy process to retrench an employee? I've been told that to retrench an employee sometimes leads to labor cases with the company so it's not as easy as some people think to do retrenchment. Also, what sort of severance package should a retrenched employee expect? Is there one?

 

TIA!

[laruku]

VLs are privileges/benefits from the Company. Strictly speaking, the law only provides for 5 days of Service Incentive Leave.

 

ART. 95. Right to service incentive leave. - (a) Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay.

 

However, if you are receiving an equivalent or better benefit, then the SIL shall not apply anymore.

 

As to procedure on unused VL, the company, through its policies, has the final say. Some companies convert all unused leaves at year-end. Some allow an accumulation of 30-60 days and have them convertible to cash upon resignation.

 

as per say.. company policy.. so the company has the last say on what to do sa mga unused leaves... but what if its already the end of the year and the company keeps on denying your leaves... is it our prerogative to take the unused leaves or is it still company policy na sila pa rin magdecide kung ipapagamit sayo yung leave or hindi? thanks in advance po ulit...

[council]

hi, I'd like to inquire on the topic of retrenchment.

 

Is it an easy process to retrench an employee? I've been told that to retrench an employee sometimes leads to labor cases with the company so it's not as easy as some people think to do retrenchment. Also, what sort of severance package should a retrenched employee expect? Is there one?

 

TIA!

 

There is a procedure for retrenchment, forms to fill up and submit also. It's not that difficult, but becomes so because the matter is not explained to the employee properly.

 

As per Article 283:

 

In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.

[council]

as per say.. company policy.. so the company has the last say on what to do sa mga unused leaves... but what if its already the end of the year and the company keeps on denying your leaves... is it our prerogative to take the unused leaves or is it still company policy na sila pa rin magdecide kung ipapagamit sayo yung leave or hindi? thanks in advance po ulit...

 

It's not a matter really of KUNG ipapagamit sa iyo ang leave. It may be a matter of KAILAN, especially if the reason they do not allow you to use your leaves is because of operational requirements of the company.

 

Check your company policy on leave usage. Some companies allow unusued leaves to be carried over to the next year. Others convert it to cash.

[laruku]

thanks po sa reply mga masters..

[Dr Love]

There is a procedure for retrenchment, forms to fill up and submit also. It's not that difficult, but becomes so because the matter is not explained to the employee properly.

 

As per Article 283:

 

In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.

 

Let me just add though the labor cases my stem out of a question whether or not the reason for retrenchment as mentioned above is true or not. Moreover, for forced separation from work such as retrenchment or redundancy, the DOLE shall be notified in writing about it including the names of those who will be affected. One good thing though about retrenchment or redundancy, what ever package the company offer will be tax-free since your separation from work is involuntary in nature.