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Holding of Salary

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1 Holding of Salary on Thu Aug 21, 2014 12:45 am

daryll091712


Arresto Menor
Hi good day! I just want a legal advice regarding on my case. I am a software developer for 3 years, I've handled several projects with my previous employer. After 3 years of my service on my previous employer/company, I decided to file a resignation. I passed a resignation letter to my manager and he accepted it. I passed my resignation letter last May 2014, i can't remember the exact date but i think it was second week of May and indicated on my letter is the effective date/my last day was on June 20, 2014. During that period, I have some projects to support/maintain. I settled all my pending projects and tasks, I fully turned over all the source code of all the programs/software i have to my colleagues especially to our team leader and they approved it. I also finished my clearance a week after June 20, 2014. Since I filed my resignation letter, my employer hold my salary for 1 month. My salary covered the company cut-off date from May 21-June 5, 2014 to June 6-June 20, 2014. The payroll officer told me that they will only release my salary after i cleared my clearance with all the departments and when i fully turn over all my projects. but the problem is it's already 2 months and yet I don't have any idea when will they release my salary. I understand that they can hold my 13th Month pay and back payment (if there's any backpay). I keep on communicating our payroll officer and my previous manager about my salary but they always told me that they will consult first my ex-colleagues if they already finished checking my turned over files. They can't even give me an exact date when will I they release my salary. Any advice what should I do in my case? Is it a normal process? Is it legal to hold my salary that long? Thanks in advance and I hope someone here can help me or atleast give me an advice on what actions can i do.

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2 Re: Holding of Salary on Thu Aug 21, 2014 6:18 am

council


Reclusion Perpetua
The operative phrase is "reasonable time" since there is no fixed period in releasing your pay. Did they promise you an exact release date?

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3 Re: Holding of Salary on Thu Aug 21, 2014 2:34 pm

daryll091712


Arresto Menor
Yes sir, in fact they promised me to release my salary after 1 month. After 1 month I follow up my salary and they told me after 2 month starting form may last day which is June 20. So I expected i will get my salary this coming August 20, but when I texted our payroll officer, she told me that they don't have any updates on when I can get my salary. They keep on telling me that they will ask first the my manager. When I texted my manager he keeps on telling me that he don't have any idea when I can get my salary and also he said he did not receive my clearance which I completed a week after my last day. I am sure I already completed all my requirements with them, I settled all my pending tasks and fully turned over my projects to our team leader.

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4 Re: Holding of Salary on Thu Aug 21, 2014 5:42 pm

council


Reclusion Perpetua
You can file a complaint at DOLE since they promised a 1-month turnaround.

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5 Re: Holding of Salary on Thu Aug 21, 2014 11:12 pm

kyo14


Arresto Menor
regarding holding off salary. i resigned in the company because there is a breach. according to my contract, i should be an assistant teacher/school nurse but they gave me a teaching load. it was not in the job description either that i will teach. i didnt expect that they will give me load since i am not an education major. and since i terminated my employment before the contract end, they told me i should pay the bond which is 40K. and to be able to pay for it, they gave me 2 options, one is to pay it in full, and the other option is it will be deducted in my salary, which i agreed upon, because im afraid that they may file lawsuit against me. my question is, should i really pay the bond? and is it okay to hold the salary while im rendering? thank you

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6 Re: Holding of Salary on Fri Aug 22, 2014 12:15 am

daryll091712


Arresto Menor
Okay sir, Thank You! I really appreciate your attention on reading and giving advice.

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7 Re: Holding of Salary on Fri Aug 22, 2014 10:59 am

alexisbantilan


Reclusion Perpetua
Releasing of backpay has nothing to do with your manager anymore. It's accounting matters at all.

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8 Re: Holding of Salary on Sat Aug 23, 2014 7:38 pm

Julianna14


Arresto Menor
Hi! I just want to know if typhoon Yolanda is an enough reason to hold back my dad's benefits, salary increase, and car maintenance because a few months have passed by and they kept on telling my dad the same thing why they've been holding back my dad's benefit, etc. and they've been scaring the employees that if they kept on complaining on the company's cut back on their salaries it would be better if they just resigned. We want to know our rights because my dad is so hardworking and most of their transactions are successful because of my dad. Thanks! And God Bless!

My dad works on an insurance company as a First Vice President.

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9 Re: Holding of Salary on Sat Aug 23, 2014 7:54 pm

Julianna14


Arresto Menor
Hi! I just want to know if typhoon Yolanda is an enough reason to hold back my dad's benefits, salary increase, and car plan and maintenance because a few months have passed by and they kept on telling my dad the same thing why they've been holding back my dad's benefit, etc. and they've been scaring the employees that if they kept on complaining on the company's cut back on their salaries it would be better if they just resigned. And my dad's been using the car that we have fully paid. We want to know our rights because my dad is so hardworking and most of their transactions are successful because of my dad. Thanks! And God Bless!

My dad works on an insurance company as a First Vice President.

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10 Re: Holding of Salary Today at 12:26 am

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