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employer placed a hold on my salary

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1 employer placed a hold on my salary on Sat Dec 11, 2010 4:56 pm

rygaerlan


Arresto Menor
good day! sir i just want to know what recourse i have or if what my supervisor will be doing is legal. I just heard from my colleagues that my supervisor will be sending me a return to work notice even if i was just absent for 1day coz i failed to advice her. by the way, i am already on preventive suspension for 8days due to some valid absences ive incurred in the past. my colleagues also told me that she will place a hold on my salary after she sends me the return to work notice. i really need my salary because of the holidays. i have never experienced this before and is completely naive about the process so i hope you can enlighten me. thanks in advance.

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2 Re: employer placed a hold on my salary on Sun Dec 12, 2010 7:29 am

attyLLL


moderator
is the preventive suspension over? if so, you should go back to work. file a letter that you have returned to work addressed to your supervisor and furnish copy to HR. monitor with hr if there is any hold on your salary.


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3 Re: employer placed a hold on my salary on Thu Dec 23, 2010 2:26 pm

rygaerlan


Arresto Menor
Thanks po attyLLL. update lang, di na nila hinold yung sahod ko. they were just threatening me. Thanks though for giving me the info so that i can have a leverage if ever. another question po sir, kasi after everything, i decided to resign from the company na lang, so I gave them my resignation letter way back in december 13, 2010 to be effective on 12/25/2010. the problem is po ayaw ng operations manager namin iapprove. ano po ba ang actions na pwede kong gawin? Is it legal for them to prevent me from resigning? i know its immediate, kasi i have to relocate to the province and my supervisor told me that the days wherein i was suspended can be counted as part of my 30days notice. pls help. tnx in advance again! Very Happy

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4 Re: employer placed a hold on my salary on Fri Dec 24, 2010 3:13 pm

attyLLL


moderator
if you do not render 30 days notice, then the company can go after you for damages (which they will have to prove).

resignation of an employee is a right; there is no approval required. negotiate a graceful exit complete with last pay and clearance


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5 Re: employer placed a hold on my salary on Fri Dec 24, 2010 4:22 pm

rygaerlan


Arresto Menor
Thanks attyLLL. By the way, since you mentioned about the backpay, do they have the right to not give me any backpay, not sign my clearance nor not give me a coe?

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6 Re: employer placed a hold on my salary on Sat Dec 25, 2010 5:52 pm

attyLLL


moderator
you are entitled to pay for any days that you actually worked. as per the coe and clearance, unfortunately, there is no provision in the labor code which requires an employer to issue one and this is how an employer gets leverage. to counter it, the employee may have to threaten or actually file a case at nlrc.


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7 Re: employer placed a hold on my salary on Wed Oct 31, 2012 7:37 am

3mployee13


Arresto Menor
Good day Sir. I have a similar concern. I was absent for 5 days and 2 of those days because I was sick. They placed my salary on hold because they said that the company automatically holds salary if you have been absent for 3 days. I was not informed that they will do this and did not get any return to work notice either. Is this lawful?

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8 Re: employer placed a hold on my salary on Thu Nov 01, 2012 4:15 pm

attyLLL


moderator
go back to work, and i recommend you just wait for the next salary release. else, the legal remedy is to file a complaint at dole


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9 Re: employer placed a hold on my salary on Wed Jun 19, 2013 12:26 am

dear attyLLL,

gudeve! I had a close family fren po ang husband nya ay na suspended june 10,2013 dahil sa pagsagot sa boss nya, ang pinagmulan talaga na problema po ayaw sya payagan na mag leave sa work nya kahit nasa hospital ang misis nya nakunan po nang baby yong fren ko, june 3,2013 he ask for permission na ganun pero ayaw po ng boss nya na magleave so sinagot po nya na bakit yong iba sir pinapayagan nyo tsaka emergency po ito case ko. After that incident her husband receive a call na umawa nang apologize letter so gumawa po para sa boss nya after po tinawagan sya na suspended sya tatawagan nalang sya kung kalian ang balik nya sa company. june 15 po naghintay sila salary nya akala po nila makatanggap pa sila hini hold daw nang company muna PWEDE BA GANUN ATTY.? June 17, 2013 pinapunta sya sa office nila At sinabihan na terminate na sya pero hindi po clear ang grounds kung bakit terminated sya hindi po syanag sign sa papel instead tumawag sa head officeyon lang po nalaman nya na hindi alam nang head office na terminated sya....ATTY. ano po ba ang dapat gawin nila kasi kawawa yong manga anak nila nag aaral wala silang pera....saan poba tayo makahingi nang advice? SALAMAT PO SA PAGBABASA NYO. GOD BLESS.

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10 Re: employer placed a hold on my salary on Wed Jun 19, 2013 11:01 am

Patok


Reclusion Perpetua
pag nakunan eh may 7 days paternity leave pa din yun.. so hindi sya pwedeng hindi payagan..

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11 Re: employer placed a hold on my salary on Sun Oct 13, 2013 8:30 am

serendipity1118


Arresto Menor
good morning. naintndhan ko nmn po ung mga posts s thread n to...ang tanung ko lng po is KNG LEGAL B NA IHOLD ANG SWELDO?

ang sitwasyon ko nmn po...na-absent ako ng 5 days, nag-advise po ako s ofc tpos ng-email dn ako ng doctor's cert na ngsasabing klngn ako mgpaconfine...pro hinold p rn ang swledo ko.

base po kc s experience ko s call centers, bsta i-avoid ang NCNS (no call,no show)..kundi pwd ka mkuwestyon s pag-absent...pro ung s kn nmn po...me advise ako at nkakausap ko ang supervisor ko...sya p ang ngsab na i-email ko ang med cert...

pwede po b ung gnun n bsta n lng ihold, ni ha, ni ho...wlang cnab n ihohold ang sweldo...kng kailan,kelangan at me sakit nga ska p nla ihold...

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12 Re: employer placed a hold on my salary on Mon Oct 14, 2013 9:37 am

Patok


Reclusion Perpetua
talk to your HR, ask what was the reason your salary was put on hold and what can you do to get it.

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13 Re: employer placed a hold on my salary on Wed Oct 16, 2013 4:48 pm

serendipity1118


Arresto Menor
@patok : i did but unfortunately,hnd nla masagot at mjustify kng bkt nacharge ako ng AWOL.hnd nla maiplwanag kng bkt nahold sweldo ko.

sab nla ntayin ko n lng hearing set for the following day. nagulat ako n me return to work order pla ko and me hearing ng nkaschedule. agad-agad i prepared my letter of explanation dhl hearing n nga rw the following day.

oras ng hearing, wla ang OM at TL ko n dpt ksama s hearing..sab ng es nsa meeting at OM at kelangan ntayin mtapos ang meeting..ang TL ko nmn dw mdaling tawagin pag magstart na...

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14 Re: employer placed a hold on my salary on Wed Oct 16, 2013 4:51 pm

serendipity1118


Arresto Menor
...i waited, at after more than an hour, hnd p rn ako tnatawagn for that hearing, bumlik ako s hr at ngtanung kng bkt hnd p n22loy hearing..ang sagot s kin ay wla n rw ang OM nsa meeting p. ang sab ko, hahaba lng proseso kng hnd nla itutuloy ang meeting,ang sagot lng s kin..ayun nga mam..

pnarating ko to s Tl ko, sab s kin, idisregard m n ung hearing kc teknikali,and2 ka na..ngpanting ang tenga ko,sab ko "hnd ko pwede idisregard to dhl for termination ang kaso nyo s kin at nhold sweldo ko dhl dto...tnalikuran nya ko at pmunta s hr...

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15 Re: employer placed a hold on my salary on Wed Oct 16, 2013 4:58 pm

serendipity1118


Arresto Menor
nireset ang hearing.

questions:

1.UNAUTHORIZED absences s min ay minor sickenesses (colds,headache,etc.), ang nsa medical cert ko ay hnd ngffall s category n un,was even advised for hospitlization..pwede b ito ang ground for AWOL?

2.s 6 days kong absent, NAGko-call in ako everyday to inform my tl n hnd ako mkakapasok,mas madalas s hnd,patay ang phone..kya pra cgurado,ngmemessage ako...i did the same things s OM ko pra dalawa clang me advise ako, WALA ako nkukuhang reply from both of them.

...

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16 Re: employer placed a hold on my salary on Wed Oct 16, 2013 5:01 pm

serendipity1118


Arresto Menor
...
3.pwede ko b counter charge ang TL ko ng abuse of discretion dhl cnab nyang unauthorized absences ko (may discretion dw kc clang wether autho/unautho and absences)?

4. kng halimbawang,maptunayan s hearing na hnd justifiable ang gnawa nlang pghold s salary ko dhl mali ang jugdment ng TL ko, pwede ko b idemand na irelease agad-agad ang sweldo ko...kht cnsab nlang wla n rw "schedule of credit ang payroll"? point ko is,hnd justified ang pgkahold,so d ko ksalanan n hnd nla na-credit ang sweldo...na kelangang-klngan ko pra mkabayad s mga nautang kong gamot during my medication...

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