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  1. #1

    Default Sick Leave Conversion or Refund? Labor Code?


    Istoryans,

    I would like to seek assistance to those people that are familiar with both the PH Labor Code and Sick Leave Conversion or Refund.

    I just tendered a immediate resignation and the company didn't accept it. So i'm currently tagged as AWOL and most probably will escalate to TERMINATION. However my wife had told me that a H.R representative that I won't be getting my SICK LEAVE Conversion or Refund that i earned LAST YEAR which i was expecting to be added on my LAST PAY. So my wife told me that "not so good" news. (and to be HONEST not the first time) Hence the reason i LEFT and looked for greener pastures.

    So right now i wouldn't mind if that is actually mandated by LAW or they can really do that.

    So guys? anyone? who can confirm... can my previous EMPLOYER do that? let me just restate... SICK LEAVE earned LAST YEAR 2010 and i'm unable to get it...

  2. #2

    Default Re: Sick Leave Conversion or Refund? Labor Code?

    walay maka comment jud diay ani....

  3. #3

    Default Re: Sick Leave Conversion or Refund? Labor Code?

    If you still have SL credits from last year and you were not able to use it. then you should receive it together with your last pay. (note: your last pay will only be released once you are cleared from the company) There is no reason for HR not to convert it. Unless.... Your supervisor did not declare to HR that you still have unused SLs from last year. HR's record is based from the supervisor's report.

  4. #4

    Default Re: Sick Leave Conversion or Refund? Labor Code?

    Quote Originally Posted by Radyaz09 View Post
    If you still have SL credits from last year and you were not able to use it. then you should receive it together with your last pay. (note: your last pay will only be released once you are cleared from the company) There is no reason for HR not to convert it. Unless.... Your supervisor did not declare to HR that you still have unused SLs from last year. HR's record is based from the supervisor's report.
    That's what i was thinking... now their saying that i won't get it someone from finance and H.R but their not saying that the decision is final... but i haven't processed my clearance and no schedule for EXIT interview yet...

    so anyways is their a LAW that i can actually claim or even SUE this company if ever they won't give it to me....
    Last edited by kornyedison_143; 03-17-2011 at 03:41 PM.

  5. #5

    Default Re: Sick Leave Conversion or Refund? Labor Code?

    since tied pajud ka sa company then la naka ni sulod, technically, considered jud ka ni awol, then probably the company will use it para dili ka mahatagan sa mga benifits...

    ang sayop nimo bro, kay la naka nisulod, nisulod lang unta ghapon ka...
    then kad2ng tym nga wala nila gi accept imong resignation, mao unta to imong weapon against the company, kay under the law (correct me if i'm wrong) it's your right to leave the company and the company walay right pugngan ka (unless naa kay contract)...

  6. #6

    Default Re: Sick Leave Conversion or Refund? Labor Code?

    Quote Originally Posted by kornyedison_143 View Post
    That's what i was thinking... now their saying that i won't get it someone from finance and H.R but their not saying that the decision is final... but i haven't processed my clearance and no schedule for EXIT interview yet...

    so anyways is their a LAW that i can actually claim or even SUE this company if ever they won't give it to me....
    correct me if im wrong again ^_^...
    walay law regarding this... naa ra sa company nga i convert to cash ang SL...
    unless naa to sa imong contract nga i convert to ang SL nimo last year if ni resign ka.. then karon, considered man ka nga awol, lisod nimo makuha imong SL credit if naa sa imong contact nga dili nimo madawat if nag awol ka..

  7. #7

    Default Re: Sick Leave Conversion or Refund? Labor Code?

    Quote Originally Posted by darkraven View Post
    correct me if im wrong again ^_^...
    walay law regarding this... naa ra sa company nga i convert to cash ang SL...
    unless naa to sa imong contract nga i convert to ang SL nimo last year if ni resign ka.. then karon, considered man ka nga awol, lisod nimo makuha imong SL credit if naa sa imong contact nga dili nimo madawat if nag awol ka..
    As far as I can remember and SL conversion is included in the contract. if naa sa contract, you can definitely discuss that with LABOR "breach of contract: And by the way, regardless of how the employee decided to leave the company. he is still eligible to receive the SL conversion pay once cleared.

  8. #8

    Default Re: Sick Leave Conversion or Refund? Labor Code?

    Quote Originally Posted by Radyaz09 View Post
    As far as I can remember and SL conversion is included in the contract. if naa sa contract, you can definitely discuss that with LABOR "breach of contract: And by the way, regardless of how the employee decided to leave the company. he is still eligible to receive the SL conversion pay once cleared.
    sir bisan awol ka still eligible ghapon? naa ka labor law/code ani? sorry for the noob question kay para andam lng hehe

  9. #9

    Default Re: Sick Leave Conversion or Refund? Labor Code?

    It depends on the company....

  10. #10

    Default Re: Sick Leave Conversion or Refund? Labor Code?

    thanks for the reply istoryans...

    uhmmm... your thoughts are very helpful and an eye opener for me...

    Actually i don't care of any SL's for this YEAR 2011... it's actually what i earned LAST YEAR... because i worked for it... and i deserve it... this company that i use to work for kay naabtan nalang ug MARCH wala pajud gihatag... kapaet!


    UPDATE:
    my wife(she is still with the company, a TL) told me on that their is a SL policy stated on the company policies...

    "In case of involuntary separation, earned but unused SL credits are not convertible to cash and will be forfeited."

    but thats it... ang ako-ang case is SL's earned last year...
    Last edited by kornyedison_143; 03-18-2011 at 03:05 PM.

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