Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Refuse to have mandatory remittances

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Refuse to have mandatory remittances on Thu Apr 07, 2016 3:06 pm

HRMANAGER


Arresto Menor
Hi!

Good Day!

I'm an HR in a pre-mature company that starting to grow, part of this is ngayon palang namin inaayos yung mga remittances ng mga empleyado and i have 3 questions po regarding this,

1st, what is the safest way if some employees cant comply with documents such as birth cert. or any personal legal documents na kailangan mapasa sa mga agencies like ss/philhealth/pagibig?


2nd, is it legal na ang empleyado (employed since nag start ang company) na mag refuse na mag deduct ng mandatory remittances sa salary nya with a duly signed agreement of EE and ER? (we dont want to terminate employees)

1st, what step(s) are advisable to do or any advise mam/sir for the company to be safe?.


Maraming salamat po!

Any help would be so much appreciated!

Very Happy Very Happy Very Happy Very Happy Very Happy Very Happy Very Happy Very Happy Very Happy Very Happy Very Happy

View user profile

2 Re: Refuse to have mandatory remittances on Thu Apr 07, 2016 5:06 pm

HrDude


Reclusion Perpetua
[quote="HRMANAGER"]Hi!

Good Day!

I'm an HR in a pre-mature company that starting to grow, part of this is ngayon palang namin inaayos yung mga remittances ng mga empleyado and i have 3 questions po regarding this,

1st, what is the safest way if some employees cant comply with documents such as birth cert. or any personal legal documents na kailangan mapasa sa mga agencies like ss/philhealth/pagibig?


2nd, is it legal na ang empleyado (employed since nag start ang company) na mag refuse na mag deduct ng mandatory remittances sa salary nya with a duly signed agreement of EE and ER? (we dont want to terminate employees)

1st, what step(s) are advisable to do or any advise mam/sir for the company to be safe?.

I remember your previous queries like that your company has not given any contracts to any of your employees. Hope you did the correct actions regarding that matter.

Anyways, for your questions;

1. What is the safest way if some employees cant comply with documents such as birth cert. or any personal legal documents na kailangan mapasa sa mga agencies like ss/philhealth/pagibig?

You used the word "CAN'T". I assume that the employees are only having trouble producing these docs. If this is the case, help them get these docs.

However, if the employees "WON'T" comply but they are capable of producing these docs, you may sanction them by following due process.

2. Is it legal na ang empleyado (employed since nag start ang company) na mag refuse na mag deduct ng mandatory remittances sa salary nya with a duly signed agreement of EE and ER? (we dont want to terminate employees)

NO. As these are 'MANDATORY' remittances, employees cannot refuse to be deducted the amount due the government. If you allow this, and don't remit anything to the government, your company risks sued or sanctioned by the State itself. You wouldn't want that.


View user profile

3 Re: Refuse to have mandatory remittances on Thu Apr 14, 2016 11:42 am

HRMANAGER


Arresto Menor
HrDude wrote:
HRMANAGER wrote:Hi!

Good Day!

I'm an HR in a pre-mature company that starting to grow, part of this is ngayon palang namin inaayos yung mga remittances ng mga empleyado and i have 3 questions po regarding this,

1st, what is the safest way if some employees cant comply with documents such as birth cert. or any personal legal documents na kailangan mapasa sa mga agencies like ss/philhealth/pagibig?


2nd, is it legal na ang empleyado (employed since nag start ang company) na mag refuse na mag deduct ng mandatory remittances sa salary nya with a duly signed agreement of EE and ER? (we dont want to terminate employees)

1st, what step(s) are advisable to do or any advise mam/sir for the company to be safe?.

I remember your previous queries like that your company has not given any contracts to any of your employees. Hope you did the correct actions regarding that matter.

Anyways, for your questions;

1. What is the safest way if some employees cant comply with documents such as birth cert. or any personal legal documents na kailangan mapasa sa mga agencies like ss/philhealth/pagibig?

You used the word "CAN'T". I assume that the employees are only having trouble producing these docs. If this is the case, help them get these docs.

However, if the employees "WON'T" comply but they are capable of producing these docs, you may sanction them by following due process.

2. Is it legal na ang empleyado (employed since nag start ang company) na mag refuse na mag deduct ng mandatory remittances sa salary nya with a duly signed agreement of EE and ER? (we dont want to terminate employees)

NO. As these are 'MANDATORY' remittances, employees cannot refuse to be deducted the amount due the government. If you allow this, and don't remit anything to the government, your company risks sued or sanctioned by the State itself. You wouldn't want that.


HRdude, i am very thankful to your very helpful information and responses regarding my concerns and company problem. Now, i have something to ask again, regarding my issuance of the COE ( Certificate of Employment ) my problem regarding the issuance of this if the company does not have contract and remittances for the past years. If the COE will certify that he/she has been an employee of a company , it can be use for checking remittances (sss/philhealth/pagibig) of the employee.

I know that non-issuance of COE is illegal/against the law, but how my company be SAFE regarding this.

All I wanted is to correct all of these for my company.

Thank You!

View user profile

4 Re: Refuse to have mandatory remittances on Thu Apr 14, 2016 12:30 pm

HrDude


Reclusion Perpetua
Send me a private message. Lets talk there.

View user profile

5 Re: Refuse to have mandatory remittances on Thu Apr 14, 2016 2:15 pm

centro


Reclusion Perpetua
I suggest also to subscribe to a coalition of HR practitioners who advance the causes of professionalizing human resources management e.g. People Management Association of the Philippines (PMAP) or other groups. They can share with you a united stand against the dilemma you are faced with so you can execute your function with greater confidence.

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum