NLRC issue

[kikaygimikera]

Hi, nag file po ako ng complaint against my former employer for not providing me my backpay dahil daw wala dapat akong makukuha kahit accumulated leaves, backpay etc and they did not provide as well the 60 days na sickleave pay for me.

No show sila sa SENA, first hearing and second hearing. They told me via text message wala daw silang natatanggap but I provided them the date and time. Sabi nila I should provide a copy to them. Pahirap talaga. 6 months pregnant ako and effort ako to go to QC just for that. Now they want me to go to their office so I can send them one.

Makatarungan ba? Anong mangyayari if they do not show at all?

[lovely_carrot]

I have a limited knowledge pagdating sa ganito but from what I remember, the complainant will go to the DOLE or NLRC office to file a complaint. I guess may interview portion kung ano reklamo, the govt usually sends a registered mail to the company, so walang lusot yun na hindi nila natanggap kasi whoever receives the complaint letter should sign. Better if you coordinate with the govt agency na nagassist sayo, they will  give attention to your case + pregnant ka pa, ang DOLE/NLRC, they are usually pro employee, given na may katwiran naman talaga.

Nga pala, if in case the company receives the registered mail or complaint letter they are required to reply at a given time. Pag wala mangulit ka na sa DOLE/NLRC. Get nalang the no. Nung nagassist sayo para di mo na sya sadyain sa QC

[izabelle]

Hi, nag file po ako ng complaint against my former employer for not providing me my backpay dahil daw wala dapat akong makukuha kahit accumulated leaves, backpay etc and they did not provide as well the 60 days na sickleave pay for me.

sis ano daw reason nila for this? usually e may computation na dapat iprovide.

Also take care of yourself, preggy ka pala, Huwag ka pastress sa kanila.

[kikaygimikera]

lovely_carrot: sis oo kukunin ko na lang mamaya pagpunta ko ng NLRC later. Sobrang abala ang ginagawa ng company na ito sa akin. They are claiming na wala silang narereceive. How come eh Air21 ang courier service ng NLRC nung makita ko eh.

izabelle: they provided one pero zero ang total. they did not explain to me why. also, mali ang computation nila. parang ganito nakalagay:

taxable: -P20,000.00 (salary)
non taxable: P20,000.00 (13th month/leaves)
total: P0.00?

Nagtaka ako bakit negative yung salary? Eh wala naman silang inadvance sa akin. Bwisit na bwisit ako. Can you imagine one time nagbus ako going to NLRC kasi coding ako. Haay added to stress walang nagpaupo sa akin kahit ang laki ng tiyan ko. Hayayayay!

[kikaygimikera]

^ sis actually yung SENA part nung july 1 pa. Tapos hindi sumipot, na terminate na agad and pina file na ng fomal complaint. I was given another arbiter and another room number and 2 scheduled dates. The second one was today.

The respondent showed up pero they insisted wala silang natanggap at nakapunta lang sila just because they texted me. The arbiter said my complaint was too simple at ibigay na nang checks ko next coming August 4. Sabi ko kulang pa po yung nasa computation. May hindi pa nakasama na conversion of leaves. Tapos parang wala pang position papers na nangyayari. Mediation part pa din. Next scheduled meeting namin, dadalahin daw ng respondents yung payroll manager nila. Parang ganon. Napaka simple lang talaga ng reklamo ko pero sa totoo gusto ko ng humingi ng damages sa stress at pagod na ginawa ko makuha lang yung dapat na hinihingi ko.

[kikaygimikera]

Thank you sis ^

Bukas yung schedule namin for the 4th time. Haay.

[kikaygimikera]

May dumating na representative from the payroll department stating na may overpayment daw sa akin. So most likely around 10-15k lang daw makukuha ko. 

Paglabas namin, pati siya inis sa system ng company. Wala pa daw syang one year and shes thinking of resigning na din pala. Oh well, I asked for a detailed computation na documented as well as my SSS documents kasi sabi ko mag one year  from the date that I was admitted, until now they have not submitted my documents.

[leoanmsotelo]

Paano ba magfile ng case unanismously against the employer para maimbestigahan sila regarding sa hindi pagreremit ng mga SSS, pag ibig and philhealth contributions? 

[blushberry]

Ang hirap lang din talaga pag meron misunderstanding sa employer, employee or former employee.  Hindi din naman marereimburse ang attorney's fees.

[chubilita0290]

Hi,

Hi,

Questions lang before i go to NLRC.

I just wanted to ask if there's a violation here:

The company offered contractual employment for 5 months and 2 weeks. 3 weeks before the contract expires the management announced (email and verbal) that all contractual employees would have an extension until December. Some employees showed disappointment to their immediate supervisor because they were told that the campaign was growing yet they could not offer the probationary contract. The management presented the offer for contract extension 5 days before the contract expires (short notice) and said that they were not informed about the employees concern when the announcement was made. Because of the short notice, the employees were compelled to accept the extension due to the fact that they could not lose the job. The contract extension was another 2 months and was told verbally that another extension after the contract expires would be offer. Note that the papers signed by the employees were just amendment to the original contract and not a renewal contract. The employees were also advised of a completion bonus after completing the contract but was not given. The completion bonus was not stated in the contract but during the contract signing the recruiter verbally informed the employees that there was a completion bonus. Going back to the contract, 5 days after the extension contract expires, one of the employee was told that they could extend the contract until 31 Oct. but there were no papers signed. Then 3 days before contract expiration, the management told the employee that they could no longer extend the contract and it would be her last day tomorrow.

I would appreciate your comments sisses. Thanks!

[etxetera]

If there is one thing learned here the reality ng rampant suhulan sa labor arbiters just a few bucks okay na kawawang employee  dapat hindi lang ang pulisya ang may revamp need din ng major overhaul ng ating justice system.

[ritznmore]

Before reporting to NLRC, make sure its worth your time and effort.  Its not advisable to have bad relationship with your former employer when your next employer starts asking for character reference.

[chubilita0290]

Thank you for the reminder. I only wanted to know if there's a violation or none.

[chubilita0290]

^ salamat sis. alam ko naman na hindi enough yung statement ko and wala din akong laban sa written contract. masama lang ang loob ko kasi napakasigurista ng management at pinaasa nila kami ng kasama ko. i know business is business pero they shouldve treated as fairly as we did our part of the contract. we heard pa na iba ang sinasabi nila na reason sa mga kasama namin kaysa sa sinabi nila samin when they decided not to continue with the renewal od contract.