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Hi Sir/Ma'am,
I would just like to know if there's a reasonable timeframe set by law to release a separation pay?..We separated from our employer last May 31, 2013 due to cessation of operation (closure of establshment) but until now my employer (accounting dept) opt to release my separation pay due to the ff; reasons 1) due to unliquidated ear allowance w/c is part of my salary, as per accntng additional merit are being added to the ear instead on the basic pay to lessen the tax being deducted every cut-off; my question is why do i need to liquidate the allowance when in fact tax will be refunded as part of the separation pay (enwei i already submitted official receipts to settle their first concern. 2) due to OR/SI that was issued to our branch that was not able to turnover after the transition. As per accounting end the said receipts/sales invoice are needed to be turnover to BIR, and that i need to return them asap, is this really necessary when we used the POS for every transactions thus the receipt generated by the machine is already official and the record can served as the reference data of the BIR? I actually coordinated with my associates about the concern and forwarded the SI in the office, but the problem was other used OR's/SI were no where to be found and when i follow up the office they told me that they will give an update after they inventory the SI which is supposed to be 50 pads..Question: can they really hold my pay due to above reasons? What should be the best thing to do? Can i file money claim in the NLRC? how? I dont have work yet until now because I am waiting for my pay as a source for lipat bahay back in laguna since they have assigned me here in batangas & that i already settld in the area. (note: the staff already got their pay and I am the only one that was put on hold) pls. seeking for a legal advise, tnx
I would just like to know if there's a reasonable timeframe set by law to release a separation pay?..We separated from our employer last May 31, 2013 due to cessation of operation (closure of establshment) but until now my employer (accounting dept) opt to release my separation pay due to the ff; reasons 1) due to unliquidated ear allowance w/c is part of my salary, as per accntng additional merit are being added to the ear instead on the basic pay to lessen the tax being deducted every cut-off; my question is why do i need to liquidate the allowance when in fact tax will be refunded as part of the separation pay (enwei i already submitted official receipts to settle their first concern. 2) due to OR/SI that was issued to our branch that was not able to turnover after the transition. As per accounting end the said receipts/sales invoice are needed to be turnover to BIR, and that i need to return them asap, is this really necessary when we used the POS for every transactions thus the receipt generated by the machine is already official and the record can served as the reference data of the BIR? I actually coordinated with my associates about the concern and forwarded the SI in the office, but the problem was other used OR's/SI were no where to be found and when i follow up the office they told me that they will give an update after they inventory the SI which is supposed to be 50 pads..Question: can they really hold my pay due to above reasons? What should be the best thing to do? Can i file money claim in the NLRC? how? I dont have work yet until now because I am waiting for my pay as a source for lipat bahay back in laguna since they have assigned me here in batangas & that i already settld in the area. (note: the staff already got their pay and I am the only one that was put on hold) pls. seeking for a legal advise, tnx
