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

ALLOWANCE removal/deduction

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

1 ALLOWANCE removal/deduction on Thu Aug 17, 2017 12:22 pm

adilao


Arresto Menor
Hi, just want to consult is it proper/legal that the employer removed the "OTA-over time allowance" and reduced the "de minimis benefits" of the employees?

OTA is paid whether you render overtime or not. But as per HR the management review that OT's shall be taxable.. so the management decided to remove the employee OT allowance and advised the employees to render overtime to be paid an Overtime that is taxable.

The 2nd scenario was deduction 1k from 3k monthly allowance (de minimis benefit).

The effect of that was lesser take home pay for the employees.

View user profile

2 Re: ALLOWANCE removal/deduction on Thu Aug 17, 2017 1:09 pm

mikos23


Reclusion Perpetua
How long have the OTA been given? if you render OT, are you still paid for it or the OTA is considered payment of your rendered OT.

benefits, once given, cannot be withdrawn. it construed as diminution of benefits

View user profile

3 Re: ALLOWANCE removal/deduction on Thu Aug 17, 2017 1:31 pm

adilao


Arresto Menor
The OTA was given upon hiring of the new employees. It was included in the job offer. As per senior employees, OTA are old time practice.

Yes rendered overtime are paid.

View user profile

4 Re: ALLOWANCE removal/deduction on Thu Aug 17, 2017 1:32 pm

mikos23


Reclusion Perpetua
the OTA should also not be removed.

View user profile

5 Re: ALLOWANCE removal/deduction on Thu Aug 17, 2017 3:41 pm

adilao


Arresto Menor
What shall be the basis or could be possible proof to the employer that the OTA's should not be removed?


View user profile

6 Re: ALLOWANCE removal/deduction on Thu Aug 17, 2017 3:57 pm

lukekyle


Reclusion Perpetua
it has to meet these criteria:
1. it has been done for a considerable long period of time
2. it has been consistently and intentionally done
3. is not a product of erroneous interpretation or construction of a doubtful or difficult question of law

View user profile

7 Re: ALLOWANCE removal/deduction on Thu Aug 17, 2017 4:04 pm

adilao


Arresto Menor
I forgot to mention that the company gave the employee additional 1k on the basic pay in exchange of almost 6k OTA. And Let the employee signed a document stating the new basic pay and removal of OTA.

View user profile

8 Re: ALLOWANCE removal/deduction on Thu Aug 17, 2017 8:25 pm

lukekyle


Reclusion Perpetua
if pumayag kayo (signing of the document) then hindi nyo pwede ireklamo

View user profile

9 Re: ALLOWANCE removal/deduction on Fri Aug 18, 2017 7:33 am

adilao


Arresto Menor
Thank you all.

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