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Can employer/supervisor hold my last salary?

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1 Can employer/supervisor hold my last salary? on Tue Jul 24, 2012 11:38 am


Arresto Menor
i have a friend who resigned last June 16, she gave 30days notice (as per labor code)to the company and the company accept her resignation letter. She's done the exit interview from the Vice President and she has no accountability with the company. But the problem is, her supervisor hold her last pay/salary because of unfinished work or did not complete the turnover of her task. Besides, there is no replacement for her position and the supervisor did not request a replacement for her position to the HR Department. Do they have the right to hold the salary? Can she file a case against the company? Please help. Thank you.

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Reclusion Perpetua
I think she bypassed a chain of command.. Before going up to VP must seek clearance first to Sup/asst.sup/manager..

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Arresto Menor
She's not actually bypassed to her supervisor. Its a tradition to the company that every personnel who resigned will undergo the exit interview by the VP. The only problem is why the supervisor hold her last pay/salary? I need legal advise please..Thanks!

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they can hold it for a reasonable period, which imo, is max 60 days.

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Arresto Menor
parang pareho yung case namin. service contract naman ako. naterminate yung contract ko nung june 30, 2012. tapos ayaw pumayag ng supervisor ko hindi na hindi irenew yung contract ko kasi madami daw akong unfinished task.. pinahold nya yung last month salary ko. ayoko ko na magcomply sa mga requirements nya, ayoko na magclear. may legal case ba yun?

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Arresto Menor
i need legal advice on this matter. PLEASE!

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Arresto Menor
This ha something in common to mine as well. mine is heading to 1 month na naka hold and salary ko which is mine po. they hold it for the purpose of uniform deduction and until now po wala pang advice from them. i am contacting them thru emails but no reply. ano po ba ang dapat kong gawin about this? pls. advice.
Salamat po ng marami

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Arresto Menor
i think same scenario din kami atty.
they will hold my salary for the whole month of december including
** dec 15 (cut of period nov 26 to dec 10)
** dec 30 salary (cut of dec 11 to dec 25)
** 13thmonth pay
** SL conversion
** communication allowance for month of december
my last day is on January 01,2013

thank you po atty.
hoping for you reply

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