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Salary and 13th month on hold

4 posters

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1Salary and 13th month on hold Empty Salary and 13th month on hold Wed Nov 26, 2014 7:17 am

87th.angel


Arresto Menor

Hi. I badly needed an elightenment for my case.

I asked for my managers permission to be on leave since I am the only one who could accompany my father is his medical consultations and everything. My boss, told me that they filed LOA for me and it was approved. When they asked me how long, I told them that I'll be taking it for 15 working days, 10 days before my approved vacation leave on dec7,8,9 and 5days before my approved vacation leave on dec18 to dec31.

And they told me that my salary and my 13th month pay will be on hold since I'm on LOA. My LOA started on the 24th of Nov and nxt payout will be on 5th of Dec and releasing of 13th month will be on 12th of Dec.

Please help me with the law relating to this. If it's legal for them to do it.

Thanks in advance for you reply.

2Salary and 13th month on hold Empty Re: Salary and 13th month on hold Wed Nov 26, 2014 8:13 am

council

council
Reclusion Perpetua

Is this LOA with pay, or without?

If without pay, then they can withhold salary (no work, no pay) but not the whole 13th month.

Any days worked prior to your leave should be paid out.

http://www.councilviews.com

3Salary and 13th month on hold Empty Re: Salary and 13th month on hold Wed Nov 26, 2014 8:46 am

87th.angel


Arresto Menor

Thanks for the response.

This is unpaid LOA. And I fully understand that I won't get paid for that.

I was able to come to work from Nov.11 to Nov.23. 5th of Decembers cut-off date is fron Nov.11 to Nov.25. And they confirmed that they will not be releasing any of it as per their rule.

How exactly I am going to explain to them that it is against the law?

Thank you in advance again.

4Salary and 13th month on hold Empty Re: Salary and 13th month on hold Wed Nov 26, 2014 4:50 pm

karl rove

karl rove
Reclusion Perpetua

87th. angel: Your employer is violating labor law and standards. Your recourse is to file a complaint with the NLRC.

if interested, pm me.
tnxs
K.R.

5Salary and 13th month on hold Empty Re: Salary and 13th month on hold Wed Nov 26, 2014 5:05 pm

87th.angel


Arresto Menor

How am I going to send you PM sir?!

6Salary and 13th month on hold Empty Re: Salary and 13th month on hold Fri Dec 05, 2014 5:02 pm

drkyu28


Arresto Menor

Hi,

If someone similarly experiencing this situation has on hand any of these required evidences such as email documentation, screenshot or a voice and video recording of either the HR or Ops team clearly saying that they are putting your whole 13th month pay on hold and you take it to NLRC/DOLE to file for a case, what are the chances of winning this case rather what cases can be filed against the company?

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