Mandatory benefits and withholding taxes

Good day po.

Kakaestablish lang po ng company na pinagtrabahuan namin. Nasa 1 year palang po ang company. Due to financial constraints, indi po updated lahat ng mga benefits at taxes namin but still may deductions parin kami till now. Though may intentions naman ata ang employer na magbayad kasi unti unti naman nyang binabayaran ang iba pero problema parin po lalo na sa mga di pa nakakatanggap ng bayad kahit minsan. Tanong ko po:

1. Is there anyway na irequest nalang namin ng refund lahat ng binawas sa amin. Para no need na sila magbayad ng penalties at employer's share nila at the same time magagamit na din namin ang amounts na binawas sa amin.

2. Pwede po ba kaming magrequest na wag muna kami bawasan gat di pa stable ang company.

3. May bago kaming hr ngayon at sinasuggest nya na iproject based nalang po kaming lahat para no need na magbawas ng mandatory benefits. Tama po ba yun?

Hoping for your responses po. Thanks.

Hi.sana po may sumagot sa mga tanong ko.nag inquire na din po ako sa dole kaso wala pa din po sila sagot. Maraming salamat po

1. Is there anyway na irequest nalang namin ng refund lahat ng binawas sa amin. Para no need na sila magbayad ng penalties at employer's share nila at the same time magagamit na din namin ang amounts na binawas sa amin.

Nope. Under the law, you are required to pay income tax and the employer has the obligation to remit the taxes withheld. There will only be refund when taxes were withheld more than you are obligated to pay.  Nag-issue ba sa inyo si employer nung January 31, 2015 ng BIR Form 2316? If yes, then don't worry as long as taxes are withheld from your compensation, it is the obligation of your employer to file and remit the withheld taxes using the Monthly Remittance Return of Income Taxes Withheld on Compensation (BIR Form 1601C).

2. Pwede po ba kaming magrequest na wag muna kami bawasan gat di pa stable ang company.

Nope, as mentioned earlier income earned during the taxable year are subject to income tax (assuming your compensation is above minimum wage) to be remitted within that taxable year. Ang pwede nyong gawin is substituted filing. Instead of the employer remitting your taxes and filing your income tax return kayo na mismo gumawa to be sure that your taxes are timely paid and returns timely filed.  If you will not pay your taxes, you can be held criminally liable (tax evasion), same thing with your employer. If the company does not remit the taxes withheld, its officers will be held criminally liable.  Employees are qualified for substituted filing of income tax return, provided they receive purely compensation income (regardless of amount) from one employer in the Philippines during the taxable year, and the amount of tax due from the employee at the end of the year equals the amount of tax withheld by the employer

3. May bago kaming hr ngayon at sinasuggest nya na iproject based nalang po kaming lahat para no need na magbawas ng mandatory benefits. Tama po ba yun?

If you are already a regular employee, you cannot be demoted to a project-based employee. Ang project-based employee is hired for a specific project only and kapag tapos na ang project, your employment is terminated. Ang tenure mo is only within the duration of the project. And the company will still withhold taxes from your salary within the period you were employed.  If the company will do the project-based employment, all of you will be retrenched first and each will be entitled to separation pay. Then mag-hire sila ng panibagong employees then tsaka nila gagawin na project-based lahat.  As regular employee you have security of tenure. Ibig sabihin hindi ka basta-basta pwedeng tanggalin without any just and authorized cause.

Ano ba ang industry ng company mo? Karamihan na ng may project based employees are construction companies since ang nature ng business nila are mostly project based.

As for pag-ibig contributions and SSS contributions, go to your respective Pag-ibig and SSS branches and inquire if the deducted premiums from your salary were properly remitted. If not, file a criminal case for the non-remittance of the premiums.  Non-remittance of SSS and Pag-Ibig contribution is a penal offense punishable by fine and/or imprisonment. It may even constitute estafa if deduction has already been made and the employer failed to remit the amount deducted.

Thanks for the reply po. Bale yung company po namin is more like of a bpo. Data entry ang work namin sa production. Indi rin po sila nakapag issue ng 2316. Kung sakali po ba anong settlement ang pwedeng gawin between samin employees at employer.kasi magastos din po ata kung magfafile kami ng criminal cases?

File an anonymous complaint sa DOLE and hope that they will visit your company and investigate. Pwede ka din mag-lodge ng complaint sa Pag-ibig at SSS