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Withholding of salary during 30-day notice

3 posters

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joomlaboy


Arresto Menor


Hello sir, on the Labor Code it says,

“ART. 116. Withholding of wages and kickbacks prohibited. – It shall be unlawful for any person, directly or indirectly, to withhold any amount from the wages of a worker or induce him to give up any part of his wages by force, stealth, intimidation, threat or by any other means whatsoever without the worker’s consent.”

However, it is common practice for companies to withhold salary of employees(usually as much as 1 month pay) who are rendering their last days after resigning. Is this legal?

attyLLL


moderator

in my opinion, yes, if it is for within a reasonable period to ensure clearance

https://www.facebook.com/BPOEmployeeAdvocate/

joomlaboy


Arresto Menor

thanks sir, however, you said the word "reasonable"? how long is reasonable and when does that period start because there's the 1 month salary withheld, plus the clearance period, plus the usual 45-60 days before the release of the last pay.

Patok


Reclusion Perpetua

1 month is long enough.. more than than, file money claim at DOLE.

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