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Withholding of Wage Claim

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1 Withholding of Wage Claim on Thu Feb 28, 2013 5:22 pm


Arresto Menor
Hi, I reside and work in a BPO Company in the Philippines and I would like to know if we may file a labor case against our employer for breaching an agreement that they have made with us, in the form of a duly signed Company form/document indicating change in salary and promotion.

Upon receipt of the said document signed by the HR Head and Country Head, it indicated an effective date of Oct 2012. Other than this, we have numerous verbal confirmation from the HR Head affirming the retro-effectivity of the said changes. A few days before the communicated payout of the retro payment and first time effectivity of the new salary, the HR Head and Country Manager are stating that the effective date will be 01 Feb 2013 instead of the initially communicated effective date. They are claiming that the reason for the "new" effective date is due to the closure of the 2012 books, we belong in a non-profit generating department, and that the approval from the Corporate office is effective date of 01 Feb 2013. We were further told that we do not deserve and have not earned the retro adjustment, which is not consistent with the signed documents that we have on hand.

These forms do not always reach the office of the HR Head and Country Head because it is typically managed by another HR person. This was brought for their signature because of the nature of our department and, for some, their position level. Please note that we do not have a regular cycle for promotions and increases, and that these were the only related documents they signed at the time of their approval of the retro-effectivity.

At one point, we were told that if we do not accept the 01 Feb 2013 (and supersede the Oct 2012) effective date, we were told that we will not receive any increase by the expected implementation date of Feb 28. We still carry the change in position title even without the promotional/alignment increase.

Appreciate any guidance that you can share and hoping you can help in maintaining the confidentiality of the matter.

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2 Re: Withholding of Wage Claim on Sat Mar 02, 2013 12:05 pm


i recommend yo first send an email or a letter requesting clarification and include a computation of what you think you are entitled to.

after which, you can file a complaint for money claims at the nlrc and it may prosper if the company committed these increases.

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