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Tax deduction, contract, call time and sallary delay

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Accolade


Arresto Menor
Good morning! I am currently employed as music teacher in a compamy that deploys music teachers in different schools. I teach music in elementary and high school students.

I have few questions regarding our employment in this company. Me and my co-teachers are doubting that this company is not treating us fairly.

1. My rate is 650 pesos per day but my working load is only two to three days. So in total, I only receive a compensation of around 5000 a month. I just want to know if that rate is taxable? Some of my friends say that it doesn't because if you base at a standard sallary here in the Philippines, our monthly compensation will not reach the basic sallary.

2. Is it ok for us to sign two contracts? For example, after the job orientation me and my colleagues where given a contract that we are technically the employee of the company then after a few months they given us another contract and they changed our job tittle from employees to consultants. They made us sign a mew contract while the previous contract is still effective and will end on April 2017. And they did not gave us a copy and it is not notatized. And based on my experience a contract have to be notarized.

3. I e-mailed the BIR on how to know if the company is paying our tax. They replied that we should ask for a monthly form from the company. But when I ask the company if I can have a copy of that form, the just give excuses and up to now we still haven't received a copy. Then, I decided to check to if the company is registered in the SEC (Security and Exchange Commission) and as expected, they are not. So that means the company is not a legitimate company. But why are they still deducting tax in oir sallary.

4. Our contract is almost finished. Are there any way to file a legal complaint against our employer? Can we still ask for them to give us what they deducted from us?

Please reply. We badly need advice. Thank you Sad

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Patok


Reclusion Perpetua
5000/month is below the minimum wage.. so dapat tax free yan.

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Accolade


Arresto Menor
Yun nga po sir. Ang laki ng tax na kinakaltas nila samin. Tapos yung iba pang teacher hinohold nila yung sallary

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lukekyle


Reclusion Perpetua
1. minimum wage is P491. Anything above that is taxable. although if at the end of the year sumobra ang ni withhold bec of your exemptions then the company is obligated to give you a tax refund. If consultants kayo, ang withholding tax is 10% of the total amount
2. Dapat hindi kayo pumayag to sign the 2nd contract kasi nawala yung status nyo as employees. Notarizing something just makes a private document public. It has nothing to do with the validity.
3. Hindi kasi required ang company to provide you with their monthly statements, kaya hindi natin sila pwede i-complain if di ka nila bigyan. Did you inquire din with DTI baka dun sila registered?

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Accolade


Arresto Menor
Ito po ang sabi sakin ng BIR

"Humingi po kayo ng kopya ng monthly withholding tax remittance (BIR Form No. 1601-C) at/o BIR Form No. 2316 (ang inyong pinaka-ITR) mula sa employer"

Kaso kung humihingi kami puro palusot lang po

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lukekyle


Reclusion Perpetua
yes pwede kang humingi pero 1601c hindi nila kelangan kayong bigyan, kaya if nagpalusot sila hindi natin sila pwedeng ireklamo. Yung 2316 kelangan nilang pa sign sayo before end of february. You can only request during this time or if nag resign ka na before this date.

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Accolade


Arresto Menor
Panu po pag wala sila naibigay this February?

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Accolade


Arresto Menor
Kasi po kailangan namin malaman na yung kinakaltas nila sa amin ay totoong napupunta sa BIR. Wala naman pong problema. Ang kaso po eh baka naibubulsa lang nila. Kailangan po kasi namin mapatunayan yun

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lukekyle


Reclusion Perpetua
hindi nyo kelangan malaman yun. as far as you are concerned bayad kayo sa taxes na kinaltas sa inyo. yan eh between the company and the BIR. If in case hindi nila ni-remit may utang sila sa govt hindi sa inyo.
Pero yung 2316 they need to give to you. If hindi kayo bigyan pwede kang mag complain sa DOLE.

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Accolade


Arresto Menor
Ah ok, thank you po sa sagot. Hayaan na namin sila gawin yun. Thank you ulit.

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