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Withholding of salary during 30-day notice

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1 Withholding of salary during 30-day notice on Tue Sep 25, 2012 7:04 pm


Arresto Menor

Hello sir, on the Labor Code it says,

“ART. 116. Withholding of wages and kickbacks prohibited. – It shall be unlawful for any person, directly or indirectly, to withhold any amount from the wages of a worker or induce him to give up any part of his wages by force, stealth, intimidation, threat or by any other means whatsoever without the worker’s consent.”

However, it is common practice for companies to withhold salary of employees(usually as much as 1 month pay) who are rendering their last days after resigning. Is this legal?

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in my opinion, yes, if it is for within a reasonable period to ensure clearance

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Arresto Menor
thanks sir, however, you said the word "reasonable"? how long is reasonable and when does that period start because there's the 1 month salary withheld, plus the clearance period, plus the usual 45-60 days before the release of the last pay.

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Reclusion Perpetua
1 month is long enough.. more than than, file money claim at DOLE.

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