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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » held backpay

held backpay

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1held backpay Empty held backpay Thu Aug 01, 2013 11:35 am

BLADE1825


Arresto Menor

Hi,

My backpay was held because I filed a case for illegal dismissal against my previous employer. I have duly submitted my headset, ID and access card to the HR representative and have acquired clearance for it the HR and the Operations Manager. The Labor Relations Officer for my previous company claims that they will only release it after the case has been settled.

Is it legal?

Thanks.

2held backpay Empty Re: held backpay Sat Aug 03, 2013 1:40 pm

attyLLL


moderator

imo, yes, they can hold it because there is a pending case, and last pay is one of the issues. make sure you allege it in your position paper

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

3held backpay Empty Re: held backpay Thu Aug 08, 2013 1:53 pm

BLADE1825


Arresto Menor

doesn't it contradict the Labor Code? Art. 118. Retaliatory measures. It shall be unlawful for an employer to refuse to pay or reduce the wages and benefits, discharge or in any manner discriminate against any employee who has filed any complaint or instituted any proceeding under this Title or has testified or is about to testify in such proceedings

4held backpay Empty Re: held backpay Sat Aug 10, 2013 1:07 pm

attyLLL


moderator

you can argue that it does, but they can argue otherwise also.

after you filed a case, the gloves come off. when i used to represent employers, one of the better strategies was to wait and see how long the complainant can hold out before accepting our settlement offer.

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

5held backpay Empty Re: held backpay Sat Aug 10, 2013 3:41 pm

BLADE1825


Arresto Menor

Hi Atty. Thanks for the reply. I appreciate the enlightenment. However, in this particular provision, the only thing being defined is the employee's monthly wage which should not in any way be held even if a settlement has not been met by both parties. In which case the amount for settlement does not include my salary, that is if I am not mistaken.

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