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Salary Deduction

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1 Salary Deduction on Fri Apr 08, 2011 7:50 pm

justice_seeker


Arresto Menor
Hi Atty.

May utang po ako sa car insurance company.
2 years ang utang ko, around 30k

Gusto po ng HR namin na i-deduct sa sweldo ko ang buong amount, one-time deduction, kasi bonus namin. nakiusap po ako na wat naman isang biglang kaltas.magbabayad ako pero hindi ko kaya ng buo dahil syempre marami pa ring kailangang gastusan na ibang obligasyon.

legal po ba na ibawas nila ng one-time bigtime ang bayad sa sweldo ko.halos walang matitira sa akin pag nangyari yun,

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2 Re: Salary Deduction on Fri Apr 08, 2011 11:43 pm

attyLLL


moderator
did your employer pay the insurance company on your behalf? or they are collecting in behalf of the insurance company?


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3 Salary Deduction on Sat Apr 09, 2011 11:43 am

justice_seeker


Arresto Menor
Hindi po binayaran ng company ang insurance. Outstanding pa rin po ang utang sa Insurance co. They're just trying to collect in behalf of the insurance company.

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4 Re: Salary Deduction on Sat Apr 09, 2011 10:38 pm

council


Reclusion Perpetua
pasingit lang -

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: chanroblesvirtuallawlibrary

(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 and Employment.

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5 Re: Salary Deduction on Sun Apr 10, 2011 2:11 pm

justice_seeker


Arresto Menor
council wrote:pasingit lang -

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: chanroblesvirtuallawlibrary

(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 and Employment.

So dito po sa (a), ang ibig sabihin po ba ay pwede i-deduct kung binayaran ng company ang insurance. pero since hindi naman binayaran ng company ang premium, they cannot make any deductions. tama po ba ang understanding ko?

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6 Re: Salary Deduction on Mon Apr 11, 2011 11:52 pm

attyLLL


moderator
in practice, art. 113 (a) is used to refer to insurance premiums where it is the employee himself is insured such as philhealth and sss. in my opinion, car insurance is not covered.

what is more applicable is the provision that payments to third parties will require written consent of the employee.


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7 Re: Salary Deduction on Tue Apr 12, 2011 5:24 pm

Mc


Arresto Menor
atty,hihingi po sana ako sa inyo ng advice kung ano po ang dapat ko po gawin sa ngayon. 1 month na po ako dito sa Riyadh,Saudi nung April 9,2011 kaso nagkaroon po ng welga ang mga matatagal ng empleyado dito sa company gawa ng hindi pagbibigay ng monthly salary. nagsimula po di pumasok sa trabaho April 2 until now po wala pa din kami trabaho at di po kami pinapatawag ng company.magsasarado na daw po ang company pinapasukan ko dito dahil wala na daw po mapasahod sa employees. ano po ang dapat ko gawin paguwi ng pilipinas? pwede ko po ba irefund sa agency ko ang placement fee at mga nagastos dahil wala pa po ako 1 month dito sa saudi ay di na naging maganda lagay ko. March 9, 2011 lang po ako umalis ng pilipinas at lahat po ng ginastos ko ay puro utang.pati po ang lahat ng nakalagay sa contract ko po na monthly salary at allowance hindi po nasunod pagdating dito. wala naman po sa contract ko na binigay ng agency na may pondo.first 3 months wala sahod at hold pati po ang allowance. ngayon po nalaman namin na wala na po pasweldo ang company kaya magsasara na. may concern pa rin po ba ang agency ko sa pinas sa nangyayari sa akin dito sa abroad kung san po nila ako ipinadala? salamat po.

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8 Re: Salary Deduction Today at 6:23 am

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