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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » deduction from final pay

deduction from final pay

+6
council
Scnjoey
evans99
eric6b122007
attyLLL
theb
10 posters

Go down  Message [Page 1 of 1]

1deduction from final pay Empty deduction from final pay Sat Jan 15, 2011 4:37 pm

theb


Arresto Menor

We have an employee who made a wrong decision and it cost the company losses so the decision was to divide it between her, the security guards and the maintenance who comes in the premises. After being given a memo regarding the case she filed her resignation but she was still verbally informed that she would also be burdened by the losses due to her wrong decision before she left. So the company has no recourse but to deduct the amount from her final pay despite her not signing any authority to deduct is this legal?

2deduction from final pay Empty Re: deduction from final pay Mon Jan 17, 2011 6:32 pm

attyLLL


moderator

SECTION 14. Deduction for loss or damage. — Where the employer is engaged in a trade, occupation or business where the practice of making deductions or requiring deposits is recognized to answer for the reimbursement of loss or damage to tools, materials, or equipment supplied by the employer to the employee, the employer may make wage deductions or require the employees to make deposits from which deductions shall be made, subject to the following conditions:

(a) That the employee concerned is clearly shown to be responsible for the loss or damage;

(b) That the employee is given reasonable opportunity to show cause why deduction should not be made;

(c) That the amount of such deduction is fair and reasonable and shall not exceed the actual loss or damage; and

(d) That the deduction from the wages of the employee does not exceed 20 percent of the employee's wages in a week.

were these rules followed?

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

3deduction from final pay Empty Re: deduction from final pay Thu Feb 10, 2011 3:28 pm

eric6b122007

eric6b122007
Arresto Menor

AttyLLL how about if such rules were not followed but still the company deduct an amount to an employees final pay. BUT the difference is it was deducted on the final pay and the so called financial assistance given to employees who resigned and have completed more than 10 years with the company... DO THE OMNIBUS RULES STILL EFFECT?

4deduction from final pay Empty Re: deduction from final pay Thu Feb 10, 2011 7:20 pm

attyLLL


moderator

if it was proven that the deductions should be made, then I would say it was reasonable to deduct it from final pay.

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

5deduction from final pay Empty Re: deduction from final pay Wed Jun 24, 2015 1:39 am

evans99


Arresto Menor

Hi AttyLLL, I resigned from my employer as a software developer and completed the clearance form and was advised that my final pay will be given after a month. During that month they encountered some errors in the software I developed, I asked them to email the list of the errors so that I could help them but I didn't receive any email about it so I assumed everything went well and it's just a minor issue. After a month when I was claiming my final pay they said they cannot release it because they are deducting some legal compensation about the issue that happened after I resigned.

I was not even informed that they will be doing that and I was not given any change to explain what happened.

Is it legal po ba to just deduct anything from my final pay because they encountered issues after my last day in the office? Thank you po.

6deduction from final pay Empty Re: deduction from final pay Wed Jun 24, 2015 1:51 pm

Scnjoey


Arresto Menor

Hi
Meron po bang law for employees protection

7deduction from final pay Empty Re: deduction from final pay Wed Jun 24, 2015 2:09 pm

council

council
Reclusion Perpetua

Scnjoey wrote:Hi
Meron po bang law for employees protection

Labor Code.

http://www.councilviews.com

8deduction from final pay Empty Re: deduction from final pay Wed Jun 24, 2015 11:07 pm

Scnjoey


Arresto Menor

What kind of labor code is that
Kindly give a cleared info

9deduction from final pay Empty Re: deduction from final pay Thu Jun 25, 2015 3:38 am

council

council
Reclusion Perpetua

Scnjoey wrote:What kind of labor code is that
Kindly give a cleared info

Kindly ask a clear question.

There is only one labor code.

Labor Code of the Philippines
PRESIDENTIAL DECREE NO. 442, AS AMENDED
A DECREE INSTITUTING A LABOR CODE THEREBY REVISING AND
CONSOLIDATING LABOR AND SOCIAL LAWS TO AFFORD PROTECTION
TO LABOR, PROMOTE EMPLOYMENT AND HUMAN RESOURCES
DEVELOPMENT AND INSURE INDUSTRIAL PEACE BASED ON SOCIAL
JUSTICE

http://www.councilviews.com

10deduction from final pay Empty Re: deduction from final pay Tue Oct 11, 2016 6:54 pm

adishe


Arresto Menor

Hi Atty.,

I resigned from my company last july. I have already complied with all the requirements prior to exit. Till date i have not received my final pay yet and worst I was informed that my final pay would be deducted because of a damage in the company phone assigned to me. The company knew that the damage took place when i was on leave and in the position of my back-up. In fact the same was reported to head office and all they said was it's ok as long as the phone is working. This incident happened in 2015 and the person responsible already left the company and got her final pay already. Now according to them they will charge the deduction since it was not deducted from her which i obviously objected to. As per HR the reason for the delay in my final pay is because of this.

Please advise. Thanks

11deduction from final pay Empty Re: deduction from final pay Tue Oct 11, 2016 6:55 pm

adishe


Arresto Menor

Hi Atty.,

I resigned from my company last july. I have already complied with all the requirements prior to exit. Till date i have not received my final pay yet and worst I was informed that my final pay would be deducted because of a damage in the company phone assigned to me. The company knew that the damage took place when i was on leave and in the position of my back-up. In fact the same was reported to head office and all they said was it's ok as long as the phone is working. This incident happened in 2015 and the person responsible already left the company and got her final pay already. Now according to them they will charge the deduction since it was not deducted from her which i obviously objected to. As per HR the reason for the delay in my final pay is because of this.

Please advise. Thanks

12deduction from final pay Empty Re: deduction from final pay Wed Oct 12, 2016 1:31 am

lukekyle


Reclusion Perpetua

whats your question?

13deduction from final pay Empty Re: deduction from final pay Wed Oct 12, 2016 1:32 pm

ador


Reclusion Perpetua

"Now according to them they will charge the deduction since it was not deducted from her which i obviously objected to. As per HR the reason for the delay in my final pay is because of this.."

According to whom?
Who authorizes the deduction?
You can clarify this further.

14deduction from final pay Empty Re: deduction from final pay Wed Oct 12, 2016 8:22 pm

HrDude


Reclusion Perpetua

Scnjoey wrote:Hi
Meron po bang law for employees protection

Not only does the Labor Code protects employees, the Philippine Constitution also provides sections for it too.

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