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unpaid salary

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1 unpaid salary on Wed Mar 30, 2011 8:33 pm


Arresto Menor
ask ko lang po, regarding po dun sa salary for the period of march 1-15... Nag render po kc ako ng resignation ko nung march 4 and april 4 po effectivity ng resignation ko.Ang sweldo po namin ay every 10th(period of 16-31) and 25th(period of 1-15) of the month. Nakuha ko po ung salary ko nung march 10(payment for feb 16-28) pero ung salary ko po for march 25 (payment for march 1-15), hinde na po binigay sa akin ganun din po ung pay slip and to think, pumapasok pa rin po ako up to now. Nag-check po ako ng atm ko last march 25 kung ipinasok po nila ung salary ko for the period of march 1-15, eh wala po talaga. May legal basis po ba para ihold nila ung salary ko? anong legal actions po kaya ang pwede kong gawin? Thanks in advance.

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2 Re: unpaid salary on Wed Mar 30, 2011 10:02 pm


Prision Correccional
pwede mo muna ininquire sa hr ng company ninyo kung ang resignation mo ay tinangap na nila, usually, pag ang employee ay nagresign na may notification hindi outright ay tangal ka na kaya magtatrabaho ka parin for the whole month of march since april 4 ang effectivity nung resignation mo, may basis to hold ang salary pero hindi pasok ang sitwasyon mo dun, kaya walang batayan para hindi ka paswelduhin, legally pwede ka magfile ng complaint for non payment of wage, pero i suggest bago ka umabot dun, kausapin mo ung hrd baka hindi nila naprocess or nagkaproblema sila, yun muna ang gawin mo, talk to them at kung may copy ka ng resignation letter na forwarded sa kanila to remind na 4 of april pa ang effectivity ng resignation mo, kaya obligado pa silang bayaran ka para sa buong buwan ng march.

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3 Re: unpaid salary on Thu Mar 31, 2011 7:29 pm


your question gave me reason to research this question again. there is no clear provision in the implementing rules of the labor code, but a recent case stated definitively, albeit with a different state of facts, that:

Any withholding of an employee’s wages by an employer may only be allowed in the form of wage deductions under the circumstances provided in Article 113 of the Labor Code, as set forth below:

ART. 113. Wage Deduction. – No employer, in his own behalf or in behalf of any person, shall make any deduction from the wages of his employees, except:

(a) In cases where the worker is insured with his consent by the employer, and the deduction is to recompense the employer for the amount paid by him as premium on the insurance;

(b) For union dues, in cases where the right of the worker or his union to check-off has been recognized by the employer or authorized in writing by the individual worker concerned; and

(c) In cases where the employer is authorized by law or regulations issued by the Secretary of Labor.

As correctly pointed out by the LA, “absent a showing that the withholding of complainant’s wages falls under the exceptions provided in Article 113, the withholding thereof is thus unlawful.”[

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