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SALARY on HOLD

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1 SALARY on HOLD on Sat Feb 03, 2018 3:19 am

kiopi6


Arresto Menor
Hi Atty,

My salary was put on hold prior to finishing my 30 days render for resignation. I filed my resignation Jan. 7, supposedly to be effective on Feb. 6, I had 2 days off for 1 and 2, then 3,4,5 approved as a leave. Cut-off for for pay is on the 31st of January, and payout is on the 5th of Feb.

I applied for a company and got hired, started Feb 1.
Would my previous company have the right to hold my salary?

Thank You

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2 Re: SALARY on HOLD on Sat Feb 03, 2018 7:07 am

mikos23

avatar
Reclusion Perpetua
Yes they have the right to hold your salary and release it as a final pay.

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3 Re: SALARY on HOLD on Sat Feb 03, 2018 7:51 am

kiopi6


Arresto Menor
As to when will the final pay be released after clearance?

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4 Re: SALARY on HOLD on Sat Feb 03, 2018 1:01 pm

mikos23

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Reclusion Perpetua
yes after clearance

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5 Re: SALARY on HOLD on Mon Feb 05, 2018 12:38 pm

kiopi6


Arresto Menor
I was not happy with the company's accounting since there were delays of payout and some issues with taxes and remittances to government agencies.
I checked my records from my previous company.
They delayed the SSS payment, no payments for December and January.
They updated my PhilHealth with the employer information but no submission or reports,
and We employees have not received the BIR-2316 Information nor signed any copies of it.

Any Advise on this?

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6 Re: SALARY on HOLD on Mon Feb 05, 2018 1:06 pm

mikos23

avatar
Reclusion Perpetua
My usual advice is to wait.

For SSS and PHIC, there are 2 steps in processing the remittances which are 1. payment and 2 posting.

for payments, SSS penalized employers for delayed payment, so mostly employers do pay on time. The problem is on the posting. most of the companies are lax in this areas because there are not penalties for delayed posting. ang magagawa mo na lang is kulitin ninyo accounting ninyo. or file a written complaint with sss, and phic and they will write a letter to the company.

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7 Re: SALARY on HOLD on Mon Feb 05, 2018 2:51 pm

kiopi6


Arresto Menor
My last post for PHIC is Dec. 2016 - before my previous company.
and For BIR 2316 - None were provided since last year. JAN 2017

Thank Very Much for the Response, Really Appreciate it.

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8 Re: SALARY on HOLD on Mon Feb 05, 2018 3:59 pm

mikos23

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Reclusion Perpetua
You can report it the concerned agencies already

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9 Re: SALARY on HOLD on Tue Feb 20, 2018 8:36 pm

kiopi6


Arresto Menor
Hi Atty.

Thank you for the replies.
I attempted to contact the HR manager for my clearance and they said that,
It is up to them to approve of my clearance.
What does it mean to me?, and what can I do about this?
when they are saying they won't process my clearance or clear my record.

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10 Re: SALARY on HOLD on Wed Feb 21, 2018 6:56 am

mikos23

avatar
Reclusion Perpetua
it means that they will approve the clearance however, they will do it according to their time schedule.

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11 Re: SALARY on HOLD on Wed Feb 21, 2018 12:49 pm

kiopi6


Arresto Menor
Which would mean that they can make me wait indefinitely?
I'm in a situation where they would do things necessary so I will not receive my last pay, which would also include holding it indefinitely.
They will not provide a specific timeline or schedule to process anything.
Any advise on this?

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12 Re: SALARY on HOLD on Thu Feb 22, 2018 3:12 pm

attyLLL


moderator
you can either wait or file a money claim at nlrc.


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13 Re: SALARY on HOLD on Thu Feb 22, 2018 3:44 pm

kiopi6


Arresto Menor
Thank you very much for the advise.

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14 Re: SALARY on HOLD on Wed Mar 21, 2018 7:43 pm

kiopi6


Arresto Menor
I checked with my previous company,
The company is not registered as BPO based on their tax registration and will not provide out BIR form 2316 so we can check whether we have tax refunds available.
They mentioned it is available for employees that served 1 yr?.

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15 Re: SALARY on HOLD on Wed Mar 21, 2018 8:31 pm

lukekyle


Reclusion Perpetua
ano ang question mo?

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16 Re: SALARY on HOLD on Thu Mar 22, 2018 6:47 am

kiopi6


Arresto Menor
How long will they be able to hold my salary and can they deny me of my clearance process?

What would help me claim the salary that I worked in the company?

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17 Re: SALARY on HOLD on Thu Mar 22, 2018 8:27 am

lukekyle


Reclusion Perpetua
unfortunately the law is silent on the time. it typically takes 60-90days after clearance so you can use that as a guide.
you can file money claims sa nlrc if you think they will not pay you. if you think na they will pay but its going to take some time i suggest you wait nalang kasi filing a complaint takes a while to be resolved. sometimes it takes more than a year or two

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18 Re: SALARY on HOLD on Sat Mar 24, 2018 2:06 pm

attyLLL


moderator
the standard is reasonableness. to me that should be 30 days after clearance


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