would like to ask the following scenario;
1. i resigned from work last june 2012.
2. upon resignation, i found out that my employer has withheld excessively against my salary.
3. upon issuance of my employer to me the BIR form 2316, taxes reflected is about 5k only against the actual deduction they made about 20k (january to June).
4. up until now, they refused to issue my certificate of employment due to some reasons, that my replacement is creating.
5. because of reasons they are telling me that i am still uncleared, they refuse to issue the certificate and the 2316 including the excess taxes that should be refunded.
1. is it lawfull for them not to issue a certificate of employment?
2. are they allowed 'to hold' the excess taxes they deducted in my salary considering i am still uncleared?
hope you could help thank you very much.