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Need legal advice please. Holding of Salary

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1 Need legal advice please. Holding of Salary on Mon Jul 01, 2013 11:17 pm

Emlin Nabua

Arresto Menor
Hello po. I am Emlin from Cebu City. I worked in one of the local BPO-type companies abd would like to seek help from your office about my concern. When should an employee receive his/her pay-out if cut-off dates fall on a weekend or holiday? I mean this happens every pay-out our salaries are delayed.

How can we do about this in legal perspective?

Thank you.

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Arresto Menor
According to Article 103 of the Labor Code as a general rule, wages should be paid at least once every 2 weeks or twice a month at intervals not exceeding 16 days. The only exception is when there is force majeure or circumstances beyond the employer’s control, in such cases the employer should pay immediately after cessation of such force majeure or circumstances. Please be informed that in law, we compute a period by excluding the first day and including the last day (Article 13 New Civil Code).

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