This is with regard to the SSS Condonation Program for employer that came out late last year. I had an unpaid salary loanwith my previous company April of 2007 and they were not able to deduct any payment from me because when I got my salary loan, I was just tendering my 30 days because I already resigned. When I transferred to my new company I informed them of my salary loan with SSS but I also did not get any deductions because it was not attended to, so it remained unpaid.
Now, with SSS Condonation Program for employer I was advised by my new employer to settle the full amount of 21,691.78 as of Oct 2010. I was not able to settle it in full because I have other obligations to pay for and this is a large amount of money. I informed my company that I am going to pay it but not in full and that I will be the one to pay directly to SSS. They were forcing me to pay it in full because they were telling me that the company will be tagged as delinquent if I will not pay.
Last July 7, our HR Business Partner is forcing me to sign a waiver indicating that they will deduct an amount of P4, 000 from my salary. I did not sign the waiver. Come our salary day, July 8, I noticed that they have already deducted the said amount of P4, 000 from my salary. I was told by our HR Business Partner that whether I sign or not sign the waiver, they will automatically deduct that amount. They were telling me that they have the right/authority to deduct the amount because under the terms and conditions of SSS loan as stated:
IN CASE THE MEMBER-BORROWER IS SEPARATED VOLUNTARILY, (E.G. RETIREMENT OR RESIGNATION) OR INVOLUNTARILY, (E.G. TERMINATION OF
EMPLOYMENT OR CESSATION OF OPERATIONS OF THE COMPANY), THE EMPLOYER SHALL BE REQUIRED TO DEDUCT THE TOTAL BALANCE OF THE LOAN FROM ANY BENEFIT(S) DUE TO THE EMPLOYEE AND SHALL REMIT THE SAME IN FULL TO SSS.
I just would like to ask your legal advice if the deductions done on my salary is right.
Thank you very much.