For exit, with unpaid salary more than the existing bank loan

anonymous
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Ex saudi oger employee po ako then nalipat sa ibang company last February 2016. Unfortunately five months na din po kaming hindi nasweldo sa bagong company puro bale lang po.. Possible po ba na mag file ng exit kahit may existing loan but with unpaid salary more than the existing loan?Kaya lang po yung salary namin ay hindi pa naipapasok sa bank. Thank you

 

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Adelaimar C Arias-Jose
is a Legal expert in the Philippines
I cannot give you advice. First, hindi ko alam kung ano ang batas sa bansa kung saan ikaw ay nagta-trabaho. Second, I do not know if your creditor (the bank that gave you a loan) will allow you to sign a waiver that all the unpaid salaries that your employer has not paid yet will go to them.

You can probably ask them if you can give them a special power of attorney so that they can collect your unpaid salaries and apply it as payments for your loan. Kung papayag iyong pinag-kaka-utangan mo (mas malaking trabaho sa kanila iyon), then you don't have a problem.

But if your creditor does not want to do that, then you will have to pay them.

You can also ask your employer to issue you a promissory note for the unpaid salaries, or write you a check. Then, use this check to pay for your loan. Or ask your employer to write the check in the name of your employer, or, negotiate/endorse the check to your creditor.

Ask a lawyer there where you are. Sa ibang mga bansa sa Europe, they have free legal assistance. I cannot give you advice.

About the author

Adelaimar C Arias-Jose

I am a graduate of the UP College of Law. Member of the Integrated Bar of the Philippines since 1995. I am currently involved in private practice in criminal, civil and labor law.
Profession: Lawyer
Adelaimar C. Arias-Jose
Office Address: #34 St. Michael Street
Philippines , Manila , Makati
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