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13th month deductions without explanation?

3 posters

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ericmorales


Arresto Menor

I worked in a company for almost 12 years, this year 2010 is the first time i received my 13th month pay as a whole in a year. I was shock to find out it has a deductions according to the office, because i have late and absences. It is legal to deduct on the 13th month pay? when they already deducted it on my monthly salary?

council

council
Reclusion Perpetua

IMO, it is not a deduction per se.

The revised guidelines on the implementation of the 13th month pay law states:

4. Amount and payment of 13th Month Pay

(a) Minimum of the Amount. — The minimum 13th month pay required by law shall not be less than one-twelfth of the total basic salary earned by an employee within a calendar year.


So I assume that the 13th month pay is dependent on the net salary (before taxes and other mandatory deductions), rather than gross, that was actually received.

http://www.councilviews.com

attyLLL


moderator

if there were already previous deductions from your monthly salary for the same tardiness and absences, then it is unlawful to have a double deduction against your 13th month

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