Dear PAO,
My daughter authorized me to claim her last salary from 
the company she used to work with. The company issued a check under my 
daughter’s name. When I tried to encash it, the bank refused even if I 
have already presented to them the authorization from my daughter as well as a valid ID. I 
requested from the company to issue a check in my favor, but until now 
they have not acted upon my request. What is my recourse? My daughter is
 currently in UAE.
EA23
Dear EA23,
Private companies more 
often than not require the personal appearance of the employee who 
desires to claim his or her last salary. In some instances, companies 
allow an authorized representative of the employee concerned to collect 
such salary, subject to certain restrictions which is for the protection
 of both the employee concerned as well as the company.
In the 
situation that you have presented before us, it is only expected that 
the check was issued under your daughter’s name considering that she is 
the former employee of the company and that the same was issued to 
answer for her last salary. You cannot impose on the company to issue 
you another check under your name because you are not the employee who 
is entitled thereto. Moreover, your authority is limited because you 
were merely authorized to claim your daughter’s last salary. Thus, you 
may not exceed such limitation and the company has the right to validly 
refuse your request.
It is likewise understandable that the bank 
with which you presented the said check refused to allow you to encash 
the same because it was issued particularly under your daughter’s name. 
Only your daughter is entitled to encash the said check. While a check 
is considered as a negotiable instrument and works as a substitute for 
money, there are limitations set under our laws. While a negotiable 
instrument, such as a check, may be negotiated in favor of another 
person, such may only be done by delivery, if the same is made payable 
to bearer, or by indorsement and delivery, if it is payable to the order
 of a specified person (Section 30, Negotiable Instruments Law). 
Considering that the check was issued by the company under the name of 
your daughter, the same may only be validly negotiated if your daughter 
indorses the same in your favor.
Since your daughter is presently
 in the United Arab Emirates (UAE), you may opt to send her the check so
 that she can indorse the same to you. Be advised that the indorsement 
must be written in the check itself or upon a paper attached thereto. 
But her signature, without additional words, may be considered as a 
sufficient indorsement (Section 31, id). On the other hand, you may 
consider depositing the check in the bank account under your daughter’s 
name. This way, your daughter may be able to receive the cash value 
thereof after the same has been cleared by the issuing bank as well as 
her bank of account. Furthermore, depositing the check in your 
daughter’s account will lessen the risk of having a stale check.
source:  Manila Times' Column by 
 
 
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