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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » HR/payroll mistake

HR/payroll mistake

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1HR/payroll mistake Empty HR/payroll mistake Tue Sep 06, 2016 6:47 pm

ador


Reclusion Perpetua

This is actually happening, input is needed.
Juana was hired (pirated) from another company. Signed the contract, started working. Started receiving 50k semi-monthly. After a couple of years, HR called her attention stating that she was supposed to receive the 50k salary MONTHLY. HR now slashes her salary (correcting it) and is deducting the "overpayment" thru SD, hence she is now receiving less that half of what she used to due to deduction.
Is this correct? Or more to the point, is this "bawi" legal.
Thanks

2HR/payroll mistake Empty Re: HR/payroll mistake Wed Sep 07, 2016 5:10 am

council

council
Reclusion Perpetua

As per SC -

We have ruled before that an erroneously granted benefit may be withdrawn without violating the prohibition against non-diminution of benefits. We ruled in Globe-Mackay Cable and Radio Corp. v. NLRC:

Payment may be said to have been made by reason of a mistake in the construction or application of a doubtful or difficult question of law. (Article 2155, in relation to Article 2154 of the Civil Code).

Since it is a past error that is being corrected, no vested right may be said to have arisen nor any diminution of benefit under Article 100 of the Labor Code may be said to have resulted by virtue of the correction.

http://www.councilviews.com

3HR/payroll mistake Empty Re: HR/payroll mistake Thu Sep 08, 2016 12:33 pm

ador


Reclusion Perpetua

Thanks
The correction was:
from 50(2)=100/month, it then became 50/month.
and then, the over-payment for the previous years is now being deducted from the present salary
resulting into 50-25=25/month.
Naturally, this made life difficult for Juana.

4HR/payroll mistake Empty Re: HR/payroll mistake Thu Sep 08, 2016 12:38 pm

HrDude


Reclusion Perpetua

ador wrote:Thanks
The correction was:
from 50(2)=100/month, it then became 50/month.
and then, the over-payment for the previous years is now being deducted from the present salary
resulting into 50-25=25/month.
Naturally, this made life difficult for Juana.

But if it's not meant to be hers, then she is not entitled to it in the first place ... even if it would make her life difficult. This is the law of equity.

5HR/payroll mistake Empty Re: HR/payroll mistake Thu Sep 08, 2016 1:18 pm

ador


Reclusion Perpetua

yeah, that's logical. thanks

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