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salary deduction for overused leave credits due to system issue

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edilsongarin


Arresto Menor
Hi, i would like to consult whether its wise to file an NLRC case for salary deductions on overused leave credits due to ADP system issues, which is the timekeeping tool by convergys. i am entitled to 1.5 leave credits in a month and whenever im on absence or on leave, it is my team manager to takes it out from my leave credits. It turns out that the timekeeping tool has been generating the wrong leave credits points and was later found late this year. they will deduct from me 29,276.38 pesos for the whole year, stripping me off leave credits for the rest of 2017, and 1951.76 peso per pay out for 7 months. due to the negligence of the timekeeping dept with their system issue, can this be a legal procedure by convergys? is this constructive dismissal due to dimunitive pay? also it has been known that it has been a long standing issue with convergys timekeeping. hoping for your immediate reply

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ador


Reclusion Perpetua
The company will and is correct in taking back what they gave you by mistake. Yes, there was an error, but it is not wrong to make the necessary corrective measures to prevent company losses.
As the salary deduction concern, as long as they leave you with the lawful percentage take home pay (I'm not sure if it's 50 or 30%).

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council

avatar
Reclusion Perpetua
Deductions to recover an overpayment are allowed.

Maximum allowable is generally 20% per payroll period.

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HrDude


Reclusion Perpetua
1. (A QUESTION FOR YOU) If you were the employer who made an overpayment by mistake, do you think its fair if the employee thinks and say what you just stated... the idea that your company has no right to recover the amount? If you were the employer, would you just let it that money go unrecovered?

2. Constructive Dismissal? You don't have any idea of the concept of Constructive Dismissal and such is NOT applicable in the scenario.

3. By all means, you have every right to file a complaint but the question is ... Do you have a Cause of Action? NONE

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edilsongarin


Arresto Menor
is there any course of actions i can take to somehow make them responsible for their negligence? the weight of their incompetence has fallen on our shoulders, is there no chance to somehow make a deal with them to meet halfway when it comes to the necessary deductions? thank you really so much for the fast reply! May God Bless you always! @hrdude no need to be rude and be brash about it

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ador


Reclusion Perpetua
You can bring this matter of "negligence" to the proper managers attention. Make a proper report of it. He is the only authorized person to start doing something about it. I'm sure the corp does not want to lose money/resources/down time/etc due to these system errors, don't you think?
It won't hurt to try and ask for an arrangement on the deductions. BUt, be open-minded about the outcome. You cannot really force them to do your bidding. No irregularity kasi. Simple system error.

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ador


Reclusion Perpetua
In point of fact, pag inaway mo sila (any office) about this, lalo ka hindi bibigyan ng pabor. Magkakaiba ang dadaanan kasi nyan, HR, payroll, supervisor, so kung antagonistic ka ikaw din ang maapektuhan. Know your place, do your job well, and be nice. The managers will look at you with favor kapag nakarating sa kanila na despite of what happened, maganda padin attitude mo.

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edilsongarin


Arresto Menor
i completely understood naman that they have the right to get back what us due to be taken, its just that they said that they found out the issue back in october but nothing has been done about it, we just later found this last week. i just feel that we are made to feel that theres nothing that we can do eventhough its because of their negligence, sobrang inconvenience lang. i guess thats the reason im asking whether theres any ground to take action somehow. thank you so much for all your help!

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