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Delayed salary

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1 Delayed salary on Fri Aug 23, 2013 7:20 pm

XX11xx


Arresto Menor
Our scheduled salary is on August 25, company policy states that if payday falls on a weekend or Monday, employees will receive their salary on a Friday before the weekend/monday.

Today, at 5:05pm, we received a notice saying:

According to our company policy whenever the salary date falls on a Monday employees will receive their salary in advance on a Friday. Unfortunately, due to the recent weather disturbances and that most banks only resumed operations yesterday your payroll is still being processed. So please be advised that the salary will be provided on Monday, Aug. 26, and not today. I appreciate your understanding and please relay this information to the rest of the team. Thank you.

According to labor code Chapter III Art 103 on timing of payments,

Wages shall be paid at least once every two (2) weeks or twice a month at intervals not exceeding sixteen (16) days.

Our previous salary was given on August 9 therefore making August 26 which is a holiday 17 days.

This is the first time it happened. Is this already a valid ground for a case that can be brought to NLRC?

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2 Re: Delayed salary on Sat Aug 24, 2013 12:11 am

Atty.Melki


Arresto Mayor
I can understand how inconvenient a few days of delay in pay is. It is absolutely an employee's right to be paid on time. If this is not observed, that right is violated.

However, do not risk a good relationship with your employer because it seems that the delay in your payroll is reasonable.

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3 Re: Delayed salary on Sat Aug 24, 2013 2:30 am

XX11xx


Arresto Menor
Thanks Atty. Melki. We will bring this to NLRC if our salary will not be credited on Monday knowing it's a legal PH holiday.

What's being paid for Aug.25 payout or supposedly Aug. 23 are services rendered from Aug.1-15. The company is paying the employees 10 days after the services are rendered. I cant find a ruling on how many days are allowed before regular semi-monthly paid employees can get their salaries. can you enlighten me?

Also, the payroll has been processed. We actually received our payslips. It's just that the money never went to our bank account. So the reason given in the email is BS. We were also informed that the funding for the payroll never made the bank account so they are giving us 2 different reasons. The employees are accountants..and we know how many is being transacted in between banks even if the money is coming from other countries. And yeah, we had storm...but it was a regular work day last tuesday and the funds came from another country and was sent the same day (Tuesday) and though wednesday was a legal bank holiday, the funding should have been cleared Friday, august 23rd. The employer is making a fool out of us. And yes, this was first time it happened but every pay day, we always get our salary in the afternoon, 2pm sometimes past 3pm.

That's not all. In our employment contracts, we have a de-minimis of such amount. Recently, the company said they will reduce and make some amount taxable. All of a sudden, we are being required to submit meal receipts dated January 2013 onwards amounting to 2k/month. It appears that they suddenly want to make the portion of the deminimis some form of taxshield but will be part of the taxable income if the employees are unable to provide receipts/liquidate.===>Does this fall under dimunition of benefits? Might be worth discussing on another thread but i wanted to take this opportunity Smile


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4 Re: Delayed salary on Sat Aug 24, 2013 7:54 am

Lunkan


Reclusion Perpetua
"Unfortunately, due to the recent weather disturbances and that most banks only resumed operations yesterday your payroll is still being processed"
"Also, the payroll has been processed. We actually received our payslips. It's just that the money never went to our bank account. So the reason given in the email is BS. "
Do you mean a payslip coming from your EMPLOYER?
Some types can be printed in a computer belong to your employer, but they can't print money Smile

I believe your employer tell truth, because e g several Manila banks and even the Stock market has been closed because of the flooding, and even IF the bank has opened again, they can be much behind by they have been forced to be closed for several days...

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5 Re: Delayed salary Today at 5:50 am

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