[Manila Bulletin WORK LIFE Column: published October 30, 2009]
“HELP! MY PREVIOUS COMPANY WON’T GIVE ME MY BACK PAY!”
Hi! My Name is Chase. It's been 5 months already since I got terminated from my previous company. And, until now they're not yet releasing my back pay. I'm just wondering if I can do something legal about it, because every time I ask someone in the human resource department, their answer is always the same - they have no idea when they can release my back pay.
ADVICE: Before seeking legal means, do the practical steps first. Gather all employment documents that you have like payslips, clearance and certificate of employment. Send a letter to both the President and the HR manager explaining the situation and requesting that they release your back pay within 1 week from date of receipt. This will give them the opportunity to respond and correct the issue. Make an extra copy of that letter for yourself, have them sign and receive it. This serves as your evidence that you have given them due notice in writing. Follow up after a week. If they do not respond and still deny you your back pay, then you can take legal action because the Labor Code of the Philippines stipulates that it is unlawful for any person, directly or indirectly, to withhold any amount from the wages of a worker. For further questions and assistance, you can also contact the Department of Labor and Employment at the DOLE HOTLINE: (632)5278000 or through their website www.dole.gov.ph.
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hi po im carlito. is the company really oblige to give the back pays to their employees, even if he/she have just finished a 6month contract?
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