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Backpay for AWOL

Posted on January 16, 2018 | 11 Comments on Backpay for AWOL

Backpay pertains to the past salaries and benefits to which an employee is entitled because the employee had actually worked for it or has rendered service to the company. The benefits many include bonuses, increments and overtime that an employee has already earned.

AWOL (absence without leave) employees or employees who got absent without proper notice or permission are entitled to their back pay. AWOL employees who were illegally dismissed as determined by the NLRC (National Labor Relations Commission), the quasi judicial body that handles labor disputes, are entitled to get their back pay. The amount of their backpay will be determined by the court as well, if it includes other benefits or incentives as well as other damages.

In which case, the term back pay is a legal term that particularly pertains the salary of the “illegally dismissed” employees to which one is entitled plus other payments ordered and directed by the court as “damages” that illegal dismissal caused to the employee. On the other hand, AWOL employees who eventually got dismissed or terminated because of abandonment or AWOL, are still entitled to backpay particularly the salary for the days he actually worked. Such back pay cannot be withheld by the employer as a form of punishment or retribution against the employee.

However, in most cases, the employers just try to procrastinate or delay the backpay to get back to the delinquent employee. This is actually a common practice of many employers, which workers should stand against. If the employer however withholds your back pay even if you are terminated for being AWOL, the employee can file a case or charge the employer for withholding the back pay to the NLRCB. Make sure thought that you have corresponding documents to prove this claim such as (e.g. payslips, a record of your bank account salary, or any signed agreement, etc)

Originally posted 2012-01-30 02:44:44.

Comments:11

  1. park Reply
    14/03/11

    I’m just wondering if someone will still get the sick leave conversion for last year if incase they went AWOL?

  2. cat sevilla Reply
    14/09/02

    Good Day!

    I just want to ask if it is legal for an employer not to accept an immediate resignation because of the contract that states that an employee is required to render 30 days when leaving the company. The reason for leaving the company is because I felt offended by the answer from my supervisor. As it was enforced to render overtime at work, I tried to refuse because I was sick at the time and just trying to finish my shift, my boss did not wait for my reason and answered “pasensiyahan tau” and plotted an overtime schedule for me for that day. Another reason is a delayed payment. There was a day that was not paid which I complaint immediately but still not yet paid even after I raised a complaint about it to my boss. Due to this reason, I had submitted an immediate resignation and they had told me that my reason for immediate resignation is not valid as it is not a medical reason and therefore not allowed and want me to render 30 days and if do not comply, they would terminate me for no longer reporting to work. I just really need help please.

    Your response would be greatly appreciated.

    Regards,

  3. Affy Reply
    14/10/01

    Good afternoon! I worked as a customer service
    representative last year for 2 months (June – August 2013). I left the
    company WITHOUT informing them due to an urgent family issue where me
    my family needed to go to province, we stayed there for a year. Now
    that we’re back home, i am looking for a job again but i am really
    worried about my previous employment as it was my first job and might affect my application to other companies. Am i liable to any criminal
    case? Can i get Certificate of Employment from that company? Please
    help. I’m hoping to hear from you as soon as possible. Thank you.

  4. joy Reply
    14/11/14

    good day. i was employed to a bpo company and there is a contract that says there is a 15k bond during the first 90days of training, contract says theyre going to evaluate you during that 3period if youre qualified to be endorse to the production, sadly, i wasnt endorse(the trainer didnt like me, cause ive seen my other co trainees scores is far lower than mine, i was helpless as he was the trainer and i couldnt do about since whatever i do he still gets to decide who would be and who wouldnot, and i only knew it when i was asked to log out by him and the papers were served at hr office. i didnt expect failing it specially i know my capabilty and ive seen other scores worse than mine. im sad about it bcause i know the issue wasnt about my skillls and qualification ,feeling ko pinersonal ako.i didnt have any absenteesim issues.) when i was processing my clearance with hr, they said that we wont be able to get our salary for this coming 10th and that it will be held for backpay.and they said since we signed a contract about the 15k bond, its going to be deducted from our backpay. Is it legal for them to take the bond from our salary when its not our fault to not get regularizd? i hope for your response. Thank you

  5. 15/08/03

    Hi. I work in BPO. I incurred two days of absence but I texted 2 hours prior to my start of shift and informed i was not feeling well. Then our team leader said that my status is at stake may be because our head already sent an air notice/termination report. I should not be considered as AWOL since I informed. I may be terminated due to schedule adherence but my top worry is my salary. I was absent two days before the cut off. My question is, can I still have my salary next pay day? I worked from July 16-29 instead of until 31. My team leader wanted me to go in the office and talk but I don’t want to work there anymore. Should I bring a resignation letter? Even if they will have me back, I am not interested in going back anymore but my greatest concern is my salary. They might hold it though I worked for it. I just want to make sure that I can still get my salary because technically, I worked for it and I informed my absences.

    • IndayC Reply
      17/06/09

      Hi. We have the same issue abt being tagged as AWOL though I informed them why I was absent. And also abt the salary. Did you get it? Or will it be included on backpay?

  6. Ran Reply
    16/08/22

    Hi! Just want to ask if Im eligible for a backpay? Im in a BPO company, Im in my 4th month now and Im planning on resigning. Actually I already passed my resignation letter 2 weeks ago but was denied by my TL, and now I want to resign again. I have talked to my doctor and he will issue me unfit to work clearance because of my health. So if Im going to do this, am I going to receive a backpay?

  7. Luis Reply
    17/01/25

    Hi,

    I worked at a BPO company for 6 months and was regularized but they sent me to a different site. I immediately resigned and was not given a 30 day render. I have not processed my clearance yet to that company. Is there any validity period for processing a clearance?

  8. Amorille Felicano Reply
    17/09/04

    Hi, I worked in a BPO for 13 months. I have submitted my resignation, however, it was denied because of lack of details. Then I was advice to render 15 days but since the reason was regarding with medical condition I resubmitted an immediate resignation indicated the reason and effective date. It was a discrepancy then because the second time I submitted my resignation was not updated by my supervisor and was tag as AWOL. I would like to clarify if company is liable for termination fee to employees? Aside from that the company was not able to comply my philhealth contribution for 4 months. Please I badly needed your advice. I am hoping to hear from you soon. Thanks!

  9. Mariane Reply
    17/09/13

    Good afternoon, im anne of las pinas working as assistant clinic in makati start working 2006-2011 coming back again 2014 up to now, if i resign may makukuha po ba akong back pay? How many tears na po ako sa work ko ni minsan diko naranasan magkaroon ng vacation and sick leave with pay at kahit nong nanganak ako this year wala po binigay sa akin ang boss ko kahit peso.wala po kaming pay slip only cash voucher lang meron kami and nasa emoloyer ko pa may hawak. Kaya ako nag aabsent na lng kasi ganun din po no work no pay even Holliday wala pong double pay. I want to know if may makukuha po ba akong back pay if i resign and ano po dapat kung gawin. Thank you po.

  10. Aile Reply
    17/12/20

    Hi, I AWOLED at Convergys Baguio last March 2016 because of certain reasons that I cannot handle the job anymore. Am I eligible for back pay if I will process my clearance?
    Your response would be greatly appreciated. Thanks.. ^^

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