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Does Holding a Month Salary Legal

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1 Does Holding a Month Salary Legal on Sat Sep 13, 2014 12:21 am

geonevincent


Arresto Menor

I filed my resignation August 28, 2014, so the effectivity of my last day is September 28, 2014, its a month notice.

This September 12, 2014 I did not receive my salary, I ask the accounting personnel why I did not receive my payroll, she informed me that my salary is already on hold.

Is this legal?

Note to consider.
1. This matter is not stated in my contract (holding a month of my salary)

Is there a labor code pertaining to this scenario.

Warm regards...

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2 Re: Does Holding a Month Salary Legal on Sat Sep 13, 2014 5:31 am

council


Reclusion Perpetua
Generally that is the accepted and allowed practice or standard to protect the company also if you have accountabilities.

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3 Re: Does Holding a Month Salary Legal on Sun Sep 14, 2014 10:55 am

geonevincent


Arresto Menor
But prior to my resignation I have already prepared and submitted my documentations and turnovers with signatories concerned, also I provided mentoring (training) sessions to specific assigned team members and even the manager we had one on one actual turn over based on the documents I made.

My final pay (last salary), 13th Month plus TAX refund would be enough to hold as their security measures.

And besides they hold the last card, MY CLEARANCE.

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4 Re: Does Holding a Month Salary Legal on Sun Sep 14, 2014 2:01 pm

council


Reclusion Perpetua
geonevincent wrote:But prior to my resignation I have already prepared and submitted my documentations and turnovers with signatories concerned, also I provided mentoring (training) sessions to specific assigned team members and even the manager we had one on one actual turn over based on the documents I made.

My final pay (last salary), 13th Month plus TAX refund would be enough to hold as their security measures.

And besides they hold the last card, MY CLEARANCE.

Until they finish computation and give you your money, you are not yet fully cleared.

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5 Re: Does Holding a Month Salary Legal on Sun Sep 14, 2014 8:38 pm

jimbo


Arresto Menor
it is immoral to hold one's salary if all the requirements have been satisfied. management should have at least the decency to inform you what's holding it back

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6 Re: Does Holding a Month Salary Legal on Wed Nov 12, 2014 3:07 pm

geonevincent


Arresto Menor
Note: Please do not reply to this email.


Good day!

Anent your query, the Labor Code of the Philippines as amended provides:

Article 116 Withholding of wages and kickbacks prohibited. It shall be
unlawful for any person, directly or indirectly, to withhold any amount from
the wages of a worker or induce him to give up any part of his wages by force,
stealth, intimidation, threat or by any other means whatsoever without the
worker’s consent.

We advise you to exhaust first your issues and concerns with the management
before resorting to filing of complaint with the DOLE's Regional Office so as
to prevent any possible or ensuing hostile work environment if DOLE's
intervention would be availed of immediately as such issues and concerns might
be resolved amicably with the management which could address the same at first
instance.

If the same proves futile, you may report the matter or file a complaint
against the employer for violations of labor standards with our Regional
Office nearest the workplace.

For list of our Regional Offices, their addresses and contact numbers kindly
visit http://www.dole.gov.ph/pages/quick_links


Should you opt to avail of the conciliation and mediation services of the
Department as a non-adversarial mode of addressing your claims, you may visit
the DOLE or NCMB regional office nearest you and request for a conference
under the Single Entry Approach (SEnA) program of DOLE for purposes of
amicable settlement.

We hope this answers your query. Thank you for writing.
Legal Service, DOLE

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7 Re: Does Holding a Month Salary Legal on Wed Nov 12, 2014 3:17 pm

geonevincent


Arresto Menor
In relation to my previous post, currently I am claiming my final pay and coe, until now its almost 2months, I have no certain answer from the finance dept.

What is the legal time frame for a company to secure your final and coe, is 2months enough for me to file legal complaints.


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8 Re: Does Holding a Month Salary Legal on Wed Nov 12, 2014 5:38 pm

council


Reclusion Perpetua
geonevincent wrote:In relation to my previous post, currently I am claiming my final pay and coe, until now its almost 2months, I have no certain answer from the finance dept.

What is the legal time frame for a company to secure your final and coe, is 2months enough for me to file legal complaints.



Ask the HR Department regarding the time frame.

Generally it should be within "reasonable time" - and that is broad.

If they can give you a good enough reason for any delay (or if it's in your company policy) then you should still wait.

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9 Re: Does Holding a Month Salary Legal on Thu Nov 13, 2014 4:37 pm

attyLLL


moderator
consider informing the company that you will be filing a money claim at the nearest dole office


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