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deduction from final pay

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1 deduction from final pay on Sat Jan 15, 2011 4:37 pm

theb


Arresto Menor
We have an employee who made a wrong decision and it cost the company losses so the decision was to divide it between her, the security guards and the maintenance who comes in the premises. After being given a memo regarding the case she filed her resignation but she was still verbally informed that she would also be burdened by the losses due to her wrong decision before she left. So the company has no recourse but to deduct the amount from her final pay despite her not signing any authority to deduct is this legal?

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2 Re: deduction from final pay on Mon Jan 17, 2011 6:32 pm

attyLLL


moderator
SECTION 14. Deduction for loss or damage. — Where the employer is engaged in a trade, occupation or business where the practice of making deductions or requiring deposits is recognized to answer for the reimbursement of loss or damage to tools, materials, or equipment supplied by the employer to the employee, the employer may make wage deductions or require the employees to make deposits from which deductions shall be made, subject to the following conditions:

(a) That the employee concerned is clearly shown to be responsible for the loss or damage;

(b) That the employee is given reasonable opportunity to show cause why deduction should not be made;

(c) That the amount of such deduction is fair and reasonable and shall not exceed the actual loss or damage; and

(d) That the deduction from the wages of the employee does not exceed 20 percent of the employee's wages in a week.

were these rules followed?


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3 Re: deduction from final pay on Thu Feb 10, 2011 3:28 pm

eric6b122007


Arresto Menor
AttyLLL how about if such rules were not followed but still the company deduct an amount to an employees final pay. BUT the difference is it was deducted on the final pay and the so called financial assistance given to employees who resigned and have completed more than 10 years with the company... DO THE OMNIBUS RULES STILL EFFECT?

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4 Re: deduction from final pay on Thu Feb 10, 2011 7:20 pm

attyLLL


moderator
if it was proven that the deductions should be made, then I would say it was reasonable to deduct it from final pay.


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5 Re: deduction from final pay on Wed Jun 24, 2015 1:39 am

evans99


Arresto Menor
Hi AttyLLL, I resigned from my employer as a software developer and completed the clearance form and was advised that my final pay will be given after a month. During that month they encountered some errors in the software I developed, I asked them to email the list of the errors so that I could help them but I didn't receive any email about it so I assumed everything went well and it's just a minor issue. After a month when I was claiming my final pay they said they cannot release it because they are deducting some legal compensation about the issue that happened after I resigned.

I was not even informed that they will be doing that and I was not given any change to explain what happened.

Is it legal po ba to just deduct anything from my final pay because they encountered issues after my last day in the office? Thank you po.

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6 Re: deduction from final pay on Wed Jun 24, 2015 1:51 pm

Scnjoey


Arresto Menor
Hi
Meron po bang law for employees protection

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7 Re: deduction from final pay on Wed Jun 24, 2015 2:09 pm

council


Reclusion Perpetua
Scnjoey wrote:Hi
Meron po bang law for employees protection

Labor Code.

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8 Re: deduction from final pay on Wed Jun 24, 2015 11:07 pm

Scnjoey


Arresto Menor
What kind of labor code is that
Kindly give a cleared info

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9 Re: deduction from final pay on Thu Jun 25, 2015 3:38 am

council


Reclusion Perpetua
Scnjoey wrote:What kind of labor code is that
Kindly give a cleared info

Kindly ask a clear question.

There is only one labor code.

Labor Code of the Philippines
PRESIDENTIAL DECREE NO. 442, AS AMENDED
A DECREE INSTITUTING A LABOR CODE THEREBY REVISING AND
CONSOLIDATING LABOR AND SOCIAL LAWS TO AFFORD PROTECTION
TO LABOR, PROMOTE EMPLOYMENT AND HUMAN RESOURCES
DEVELOPMENT AND INSURE INDUSTRIAL PEACE BASED ON SOCIAL
JUSTICE

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10 Re: deduction from final pay on Tue Oct 11, 2016 6:54 pm

adishe


Arresto Menor
Hi Atty.,

I resigned from my company last july. I have already complied with all the requirements prior to exit. Till date i have not received my final pay yet and worst I was informed that my final pay would be deducted because of a damage in the company phone assigned to me. The company knew that the damage took place when i was on leave and in the position of my back-up. In fact the same was reported to head office and all they said was it's ok as long as the phone is working. This incident happened in 2015 and the person responsible already left the company and got her final pay already. Now according to them they will charge the deduction since it was not deducted from her which i obviously objected to. As per HR the reason for the delay in my final pay is because of this.

Please advise. Thanks

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11 Re: deduction from final pay on Tue Oct 11, 2016 6:55 pm

adishe


Arresto Menor
Hi Atty.,

I resigned from my company last july. I have already complied with all the requirements prior to exit. Till date i have not received my final pay yet and worst I was informed that my final pay would be deducted because of a damage in the company phone assigned to me. The company knew that the damage took place when i was on leave and in the position of my back-up. In fact the same was reported to head office and all they said was it's ok as long as the phone is working. This incident happened in 2015 and the person responsible already left the company and got her final pay already. Now according to them they will charge the deduction since it was not deducted from her which i obviously objected to. As per HR the reason for the delay in my final pay is because of this.

Please advise. Thanks

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12 Re: deduction from final pay on Wed Oct 12, 2016 1:31 am

lukekyle


Reclusion Perpetua
whats your question?

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13 Re: deduction from final pay on Wed Oct 12, 2016 1:32 pm

ador


Prision Mayor
"Now according to them they will charge the deduction since it was not deducted from her which i obviously objected to. As per HR the reason for the delay in my final pay is because of this.."

According to whom?
Who authorizes the deduction?
You can clarify this further.

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14 Re: deduction from final pay on Wed Oct 12, 2016 8:22 pm

HrDude


Reclusion Perpetua
Scnjoey wrote:Hi
Meron po bang law for employees protection

Not only does the Labor Code protects employees, the Philippine Constitution also provides sections for it too.

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15 Re: deduction from final pay Today at 3:58 pm

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