From time to time, I hear clients share their workplace stories, and there is no shortage of worries such as “I left my job and my salary was owed”.
Every time you encounter this situation is physically and mentally exhausting, today we will talk to you, when you encounter this situation, how to gracefully respond, as well as in the departure of a few small details need to pay attention to!
I. Confirmation of whether wages are really in arrears
First, make sure your paycheck is not in arrears or not.
Go through your employment contract, pay stubs, severance agreements, and company payment policies to make sure you're clear on the amount of pay due and when it was paid.
If you find that you did not receive it, it's time to start collecting evidence!
Include the salary clause in your employment contract, pay slips, bank transfer records, and records of communication with your former employer - the more the better for follow-up.
II. Communicate with your former employer by having a “gentle conversation” first.
Once a wage default has been confirmed, the first step is to communicate with your former employer. An email, text message, etc. can be sent in a polite tone of voice asking for the reason for the wage settlement and the expected time frame for resolution.
Don't forget that many times, employers may not realize the severity of the problem. An effective communication can often solve the problem easily.
III. Seek legal assistance, don't let yourself go it alone
If communication with the employer is not effective, it is time to seek legal assistance. In the Philippines, workers' rights are protected by the Labor Code!
Highlights:
1. the arbitration body is very much in favor of labor.
2. the Bureau of Labor Affairs (BOLA) also handles foreign employees, not just Filipino complaints.
Here we recommend that an attorney file a complaint on your behalf:
1. **Department of Labor and Employment (DOLE)**: File a formal complaint at your local DOLE office and they will take your case and hold a conciliation meeting for you and your former employer to help resolve the labor issue.
2. **National Labor Relations Commission (NLRC)**: If the mediation does not result in a resolution, the case goes to the NLRC, which initiates a formal labor court.
As a general rule, arbitration can be effectively resolved by the means described above!
How can you make sure your paycheck is settled smoothly when you leave your job? The law small business for you to provide some tips
When leaving a job, the following points require special attention in order to ensure a smooth payroll settlement:
Confirming Settlement Amounts
Confirm with your employer the amount of wages, bonuses and other compensation due to you before you leave your job and make sure it is clear.
Ask for written proof
Always ask your employer to provide you with written proof of your salary settlement in case of emergency.
Read the terms and conditions of the contract
Understand the terms and conditions of the contract when you leave your job, especially the wage settlement section, to ensure that your rights and interests are not jeopardized.
Collect evidence
Keep records of communication with your employer, payslips and other documents that prove your employment, such as attendance records, in case of subsequent disputes.
The problem of being owed wages after leaving a job is annoying but not insurmountable.
It is important to remain calm, communicate positively, and pay attention to documentation and evidence of wage settlements, which can effectively avoid future trouble.