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Holding payroll/ salary after my resignation

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1 Holding payroll/ salary after my resignation on Tue Jun 03, 2014 7:13 pm

Mcknight_21


Arresto Menor
Good Evening!


I just want to know if it is legal to hold my salary (which is not my last salary) after I have rendered my resignation? My employer had given me only a week as last days of duty rather than a 30days notice requirement under the law, since he already have someone to replace me and to assist and turn over my work to my replacement, after I had given him my resignation letter. I still have a 13th month and cash bond which I now that only those two can be hold when I be cleared for any accountability I have. So far, I've only read in the internet is that it is unethical but is there no other way where I can get my salary that I have already worked for? Please need your legal advice on this..

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council


Reclusion Perpetua
Mcknight_21 wrote:Good Evening!


I just want to know if it is legal to hold my salary (which is not my last salary) after I have rendered my resignation? My employer had given me only a week as last days of duty rather than a 30days notice requirement under the law, since he already have someone to replace me and to assist and turn over my work to my replacement, after I had given him my resignation letter. I still have a 13th month and cash bond which I now that only those two can be hold when I be cleared for any accountability I have. So far, I've only read in the internet is that it is unethical but is there no other way where I can get my salary that I have already worked for? Please need your legal advice on this..

You're resigned already?

They may be entitled to hold your salary for final computation.

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3 Reply on Fri Jun 06, 2014 4:44 pm

Mcknight_21


Arresto Menor
Good Afternoon!

I just need some info on this..

I resigned last may 22, 2013 and my manager had given me to take my last duty last May 31, 2014. He only then sent a letter of acknowledgement last June 3, 2014 of my resignation and requested the following documents which are office related though I no longer work since I effectively resigned by the end of May. I submitted those requirements even the given circumstances, not to mention he threaten me if I don't, then after I submitted those on list in the letter. He still keeps on requesting me to submit another report.

Is this legal where he keeps on requesting reports where I no longer work for him, without pay and hes threatening me if I do not while he keeps holding my salary, and other last claims?

My replacement is already on duty and he started to work with me a week before I resigned. I already turn over to him my responsibilities & duties.

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Imee Gregorio


Arresto Menor
Hi,
Just wanted to inquire if it's right for an employer to hold a salary of a resigning employee. I actually signed for a 60-days notice period if I resigned, however a great opportunity to work abroad came and due to financial constraint I grab the chance. So instead of 60-days I begged for a 30-days notice because the opportunity cannot wait too long. I completed all the turnover process and finished all documentation required of me. However, my Boss still insisted for a 60-days notice for formality purposes because she doesn't want a precedent. Thus, she hold my one month salary, my 13th month pay and tax refund and until now (more than 2 months already) she is still not releasing it. I even tried so hard to report to work back then despite my salary is being held just to complete the turnover. I believe it's not right to hold my salary because I'm not involved in any financial matters of the company, aside from that I never signed any agreement that I allow them to hold my salary. I find it unfair because if an unproductive employee resigned, they even allow shorter notice. please advise what to do.

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council


Reclusion Perpetua
Imee Gregorio wrote:Hi,
Just wanted to inquire if it's right for an employer to hold a salary of a resigning employee. I actually signed for a 60-days notice period if I resigned, however a great opportunity to work abroad came and due to financial constraint I grab the chance. So instead of 60-days I begged for a 30-days notice because the opportunity cannot wait too long. I completed all the turnover process and finished all documentation required of me. However, my Boss still insisted for a 60-days notice for formality purposes because she doesn't want a precedent. Thus, she hold my one month salary, my 13th month pay and tax refund and until now (more than 2 months already) she is still not releasing it. I even tried so hard to report to work back then despite my salary is being held just to complete the turnover. I believe it's not right to hold my salary because I'm not involved in any financial matters of the company, aside from that I never signed any agreement that I allow them to hold my salary. I find it unfair because if an unproductive employee resigned, they even allow shorter notice. please advise what to do.

Did they approve the 30-days? Do you have documentation?

I'd say that they may be allowed to do so - you will get the money eventually.

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Imee Gregorio


Arresto Menor
Hi, actually when I submitted my resignation they did not replied to say approved or disapproved, but I have documentation that they received my turnover documents during my last day of work.

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