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Withholding of Pay while on LOA

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1 Withholding of Pay while on LOA on Wed Mar 14, 2012 1:43 am

maldita1218


Arresto Menor
Dear Atty:

Is it legal for a company to withhold an employee's pay when he/she is on Leave of Absence?

I work in a call center and I was on LOA for 7days. There were text messages exchanged between me and my supervisor that I have every intention of coming back,and we even discussed plans of my earlier return,as not to withhold my pay. Unfortunately,my pay was still withheld. Our HR rep advised that they have a cut-off for pay hold. But this info is only available on the supervisor's end,and not on an ordinary employee's view of the company's policies.

Is there probable cause if I bring this to NLRC, based on Art. 116 of the Labor Code? Thank you.

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2 Re: Withholding of Pay while on LOA on Fri Mar 16, 2012 5:31 am

maldita1218


Arresto Menor
can someone help me on this?!? i really nees to clarify this concern.

thanks!

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3 Re: Withholding of Pay while on LOA on Sun Mar 18, 2012 12:35 am

attyLLL


moderator
did you go back to work?


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4 Re: Withholding of Pay while on LOA on Sun Mar 18, 2012 1:14 am

maldita1218


Arresto Menor
Yes, I did. My then immediate supervisor saved our exchange of text messages regarding my return. I even requested to go back earlier than advised, but
they couldn't let me without a fit to work cert from the doctor.

Is this a violation on the employer's part, Atty.?

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5 Re: Withholding of Pay while on LOA on Wed Mar 21, 2012 9:44 pm

attyLLL


moderator
ok, do you really mean loa, with approved leave? or without approval? if you have come back, then this should be ironed out. if you followed the procedure when absent then there shouldn't be a problem either.


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6 Re: Withholding of Pay while on LOA on Mon Mar 26, 2012 9:00 am

maldita1218


Arresto Menor
it was an approved leave of absence since i don't have sick leave credits anymore. our hr said that they have a policy of withholding the employee's pay.but doesn't labor code supercede the company's policy? besides,it wasn't stated in the employee's handbook.

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7 Re: Withholding of Pay while on LOA on Tue Mar 27, 2012 5:59 pm

attyLLL


moderator
if they still refuse to give your salary, the next step is to file a report at dole or a complaint at nlrc


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