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Salary pay withheld by employer kahit malayo pa effectivity ng resignation

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boboyboboy


Arresto Menor
This is the case. I have a co employee who wants to resign but is under training bond and with cash advance pa sa employer. Training bond was agreed that she will pay it in 3 years kasi 300k ang babayaran dahil sa kamahalan ng training that she attended and 3yrs ang bond pero 2 months pa lang she decided to resign for other reasons. She submitted her resignation January 15, 2015 and effectivity of her resignation is March 11, 2015 w/c is 2 months notice. Her CA balance is at around 40k plus pa and her employer said she has to settle it and pay it in full before she leave. February 10 was our payday and di na siya nka tanggap ng salary. As per HR hold na yung Salary pay niya kasi kahit na icombine yung mga sahod niya onwards kulang pa rin para ma bayaran niya yung CA niya sa company. Is this legal?

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council


Reclusion Perpetua
boboyboboy wrote:This is the case. I have a co employee who wants to resign but is under training bond and with cash advance pa sa employer. Training bond was agreed that she will pay it in 3 years kasi 300k ang babayaran dahil sa kamahalan ng training that she attended and 3yrs ang bond pero 2 months pa lang she decided to resign for other reasons. She submitted her resignation January 15, 2015 and effectivity of her resignation is March 11, 2015 w/c is 2 months notice. Her CA balance is at around 40k plus pa and her employer said she has to settle it and pay it in full before she leave. February 10 was our payday and di na siya nka tanggap ng salary. As per HR hold na yung Salary pay niya kasi kahit na icombine yung mga sahod niya onwards kulang pa rin para ma bayaran niya yung CA niya sa company. Is this legal?

Di pwede.

Only allowed deduction is maximum of 20% per month (or payday).

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boboyboboy


Arresto Menor
council wrote:
boboyboboy wrote:This is the case. I have a co employee who wants to resign but is under training bond and with cash advance pa sa employer. Training bond was agreed that she will pay it in 3 years kasi 300k ang babayaran dahil sa kamahalan ng training that she attended and 3yrs ang bond pero 2 months pa lang she decided to resign for other reasons. She submitted her resignation January 15, 2015 and effectivity of her resignation is March 11, 2015 w/c is 2 months notice. Her CA balance is at around 40k plus pa and her employer said she has to settle it and pay it in full before she leave. February 10 was our payday and di na siya nka tanggap ng salary. As per HR hold na yung Salary pay niya kasi kahit na icombine yung mga sahod niya onwards kulang pa rin para ma bayaran niya yung CA niya sa company. Is this legal?

Di pwede.

Only allowed deduction is maximum of 20% per month (or payday).

Ah ganun po ba? So kahit may 500k na CASH ADVANCE siya dapat may sahod pa talaga siya and last pay lang yung dapat ihold ng company?

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council


Reclusion Perpetua
boboyboboy wrote:
council wrote:
boboyboboy wrote:This is the case. I have a co employee who wants to resign but is under training bond and with cash advance pa sa employer. Training bond was agreed that she will pay it in 3 years kasi 300k ang babayaran dahil sa kamahalan ng training that she attended and 3yrs ang bond pero 2 months pa lang she decided to resign for other reasons. She submitted her resignation January 15, 2015 and effectivity of her resignation is March 11, 2015 w/c is 2 months notice. Her CA balance is at around 40k plus pa and her employer said she has to settle it and pay it in full before she leave. February 10 was our payday and di na siya nka tanggap ng salary. As per HR hold na yung Salary pay niya kasi kahit na icombine yung mga sahod niya onwards kulang pa rin para ma bayaran niya yung CA niya sa company. Is this legal?

Di pwede.

Only allowed deduction is maximum of 20% per month (or payday).

Ah ganun po ba? So kahit may 500k na CASH ADVANCE siya dapat may sahod pa talaga siya and last pay lang yung dapat ihold ng company?

Yes.

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rhai893


Arresto Menor
Good am po..same issue kaya d na po ako gumawa ng bagong topic.
Yung payroll po namin ay delay po ng isang pay cycle. Kung 1-15 po yung payroll coverage, sa 30th of the month pa yun makukuha through atm. Ang tanong ko lang po is I was terminated last feb 23, 2015 without any kind of memo given to me as 1st offense at effective yung termination sa feb 27. Ang sabi po ng Hr namin ay matatanggap ko pa po yung sahod ko from feb1-14 ngayong feb 28 at mag clearance ako for my pay from 15-24.. And i also ask them if kung hanggang sa 24 nlng ang last day ko kasi ayaw ko nang pumasok after that if ma ibibigay pa nila through atm yung sahod ko from 1-14, sabi nila oo daw. Nag decision ako na tanggapin nlng despite sa lahat ng sakripsiyo ko kasi wala akong day off since october 10, 2015until feb 11, 2015 at pumapasok ako ng 6am even erlier than that para ma asikaso ko lang ang responsibilities ko kasi dapat dalawa kami sa section na tinatrabaho.an ko. Wala na rin ako g paki alam sa sahod ko from feb 15-24 kahit ma clear pa ako kasi alam ko na di na yun ma ibibigay pa. Is it legal for them to hold my salary for the period of feb1-14, 2015? Sa anong labor code ko po yun mababasa? Salamat po

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laymags03


Arresto Menor
Same with the company my sister work with, the moment they submitted their resignation letter their representation expense benefit and last pay are withheld even if they dont have any accountabilities and will be able to claim it 2mons to 1yr pa.Pwede ba yun?

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council


Reclusion Perpetua
last pay is generally withheld for computation of any dues or accountability.

accountability are determined when clearance is signed.

so after clearance is signed, showing no accountability, the payroll department will make final computation of receivables by employee so it may take some time, which should be reasonable.

reasonable time varies from 2 weeks to even more than 3-4 months, depending on procedures.

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