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Salary and 13th month on hold

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1 Salary and 13th month on hold on Wed Nov 26, 2014 7:17 am


Arresto Menor
Hi. I badly needed an elightenment for my case.

I asked for my managers permission to be on leave since I am the only one who could accompany my father is his medical consultations and everything. My boss, told me that they filed LOA for me and it was approved. When they asked me how long, I told them that I'll be taking it for 15 working days, 10 days before my approved vacation leave on dec7,8,9 and 5days before my approved vacation leave on dec18 to dec31.

And they told me that my salary and my 13th month pay will be on hold since I'm on LOA. My LOA started on the 24th of Nov and nxt payout will be on 5th of Dec and releasing of 13th month will be on 12th of Dec.

Please help me with the law relating to this. If it's legal for them to do it.

Thanks in advance for you reply.

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2 Re: Salary and 13th month on hold on Wed Nov 26, 2014 8:13 am


Reclusion Perpetua
Is this LOA with pay, or without?

If without pay, then they can withhold salary (no work, no pay) but not the whole 13th month.

Any days worked prior to your leave should be paid out.

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3 Re: Salary and 13th month on hold on Wed Nov 26, 2014 8:46 am


Arresto Menor
Thanks for the response.

This is unpaid LOA. And I fully understand that I won't get paid for that.

I was able to come to work from Nov.11 to Nov.23. 5th of Decembers cut-off date is fron Nov.11 to Nov.25. And they confirmed that they will not be releasing any of it as per their rule.

How exactly I am going to explain to them that it is against the law?

Thank you in advance again.

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4 Re: Salary and 13th month on hold on Wed Nov 26, 2014 4:50 pm

karl rove

Reclusion Perpetua
87th. angel: Your employer is violating labor law and standards. Your recourse is to file a complaint with the NLRC.

if interested, pm me.

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5 Re: Salary and 13th month on hold on Wed Nov 26, 2014 5:05 pm


Arresto Menor
How am I going to send you PM sir?!

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6 Re: Salary and 13th month on hold on Fri Dec 05, 2014 5:02 pm


Arresto Menor

If someone similarly experiencing this situation has on hand any of these required evidences such as email documentation, screenshot or a voice and video recording of either the HR or Ops team clearly saying that they are putting your whole 13th month pay on hold and you take it to NLRC/DOLE to file for a case, what are the chances of winning this case rather what cases can be filed against the company?

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