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13 month pay and tax refund

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1 13 month pay and tax refund on Thu Dec 30, 2010 1:41 pm

winchester


Arresto Menor
I've been working as a Nurse in one of the specialized tertiary hospital (GOCC) here in Quezon City for the past 2 years. I'm still a job order or contract of service nurse since 2009. The regular employee already received their 13th month pay, christmas bonus of P5,000 and PEI of P10,000 from the President. Unfortunately, we, job orders or contractuals did not receive our 13 month pay or even the 10,000 from the president. The management said we are not entitled to receive 10,000 because we are not regular staff yet. It's also sad that we did not receive our 13month pay before December 25, we asked the HR department and they said we do not have 13 month pay because they said our "plantilya" is different from the regular staff. They however said that we will be getting our tax refund soon but no definite date yet.

Just to give you a background of my salary. P645 per day (12hrs). My usual number of days per 2 weeks is just 7 to 11 days. Last July 2010 we were shocked with the tax of 1300-1500 per pay day or approximately 3,000 pesos per month. Sometimes I only get a salary of 4000+ to 7000+ per 15th day. This huge tax still applies today. fixed 1400+ per pay day even if my gross salary is just 6000+ or 5000+ per pay day. Do you think this is lawful?

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2 Re: 13 month pay and tax refund on Fri Dec 31, 2010 5:04 pm

attyLLL


moderator
i do not know if there is legal basis to claim the P10,000 but i would definitely state you are entitled to the the 13th month pay.

sorry, i'm hesitant to do the math. how much is your supposed basic salary?


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3 Re: 13 month pay and tax refund on Fri Dec 31, 2010 11:38 pm

winchester


Arresto Menor
We clarified this issue with the HR and they said we will not get the 13 month pay, instead just the tax refund. In my previous, private, company I received 13month pay and the tax refund.

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4 Re: 13 month pay and tax refund on Sat Jan 01, 2011 3:38 pm

attyLLL


moderator
then your remedy is to demand it in writing, and then file a money claim at dole or nlrc if they refuse.


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