I feel vindicated.
Four months ago, I resigned from being a Diabetes Educator to join a friend in her company. As a company policy, I should inform my immediate bosses and the HR Department of my resignation a month before my last day of work. I only have less than 15 days to inform them since I need to start as soon as possible with the new company. Given the circumstance, I already conditioned myself that I will have no benefits to claim since I can't fulfill the 30 days grace period. I parted with my colleagues in the branch that i worked with..in good faith.
January 2015. I was informed by my former co-workers that our tax refund was already released and my name was on the "master list" but with a side note: HOLD. In my mind, they don't have the right to put my tax refund on hold since, technically, it is my money returned back by the government. To make sure, I sought the help of my good friend and high school classmate who is an upcoming lawyer and is working for a good lawyer in GenSan. She asked me to refer to the National Internal Revenue Code.It was stated that an employer have no right to put a tax refund on hold since this arises from a relationship between the government and the taxpayer. The employer is a mere "bridge" to connect the employee and the government.
I sought the help of two other lawyer friends to make sure that I have the right to claim my tax refund. I also wrote a letter to the Customer relations of the BIR Head Office to affirm my claim. They all had the same answer. The refund should have been given to me on or before January 25. If the former company failed to do so, I should file a complaint with the BIR Head Office and the Labor Department.
With this, I e-mailed the HR Manager to inform her of the facts that I have gathered. She replied that I need to fill in the clearance form and if I completed it, they will release all of what is due to me. I told her that I am not interested to claim my benefits (salary, 13th month pay, incentives) since I lost my confidence with regards to the efficiency of the company in processing any documents concerning their current and former employees. I only want my tax refund released ASAP.
I've waited for their reply that never came.
Determined to finish this fight, I e-mailed them again last Wednesday. I told them that if there will be no reply within this week, I am forced to file a complaint with BIR and the Labor Department. I also told them that a complaint will be sent as well to Fashion Pulis to be published on his website.
This morning, I received an e-mail from the HR Manager. They will release the tax refund provided that I will sign a waiver to free the company from any obligations. Reading their e-mail, I felt vindicated. I proved to myself and other former colleagues that we need to stand for what you know is right and proper. And that we need to speak up if we know that we are on the right track and not to be afraid.
And to my former company, not all of your employees are asshole as what you all always think. Your actions always show corporate bullying at its best. That truth deserves another blog entry...SOON.
