Non-issuance of ITR (BIR Form 2316)

Good day!

I would just like to ask if an employer has the right to not provide the payers' ITR/BIR Form 2316 because they were not cleared when they left the company?

The situation is like this:
Our account resigned with the employer through a collated resignation letter which the employer wouldn't accept. We have surrendered all our liabilities (IDs, Proximity Card, etc), plus the collated resignation letter, but they insist on individual resignation, and even wants us to take an exit interview. (Take note: Our account is not managed by the BPO Employer, we're just leasing their seats and HR Services). Now, the employer told us that if we won't resign individually, they won't provide us the ITR and COE Documents. Their exact words were "ITR can only be given if they have processed their clearance individually".

- Do they have the rights to do this? Nevermind the COE, but the ITR? Because I thought, regardless whether or not an employee has filed his/her clearance, the company has a legal obligation to provide the payers a proof that they had remitted their taxes, thus the ITR.

Please advice kind sir/ma'am.

J.M.

You have not yet been cleared because you have not yet followed the proper processes (exit interviews, etc).

So kanino kayo nag-resign if hindi naman kayo managed ng BPO employer?

You should have filed individual resignation letters.

In the same vein, you have a 'collated' resignation letter - the company might also give a 'collated' BIR form or a 'collated' final pay - kayo na bahala maghati-hati.

Hi Sir,

It is mentioned in the collated resignation letter that we are waiving them the obligation of giving us our final pay. No tax refund, no post dated 13th month pay, no last pay etc. since our client will give it to us instead. The only thing that we are asking from them is the computation or rather the ITR.

That's why I'm asking if it is legal to not provide the ITR whether or not we are cleared or not.

Thank you for your response.

they have to give you one by jan 31 of next year or when the last payment of wages is made. ang problem is if you waived the last payment of wages, kelan na ang deadline?

secondly when you receive last pay is usually after you have secured your clearance. this again muddles when you are to receive the 2316.

thirdly the employer does not need to provide you proof that they remitted the amount withheld to the BIR. furthermore a 2316 does not prove remittance, it only "proves" that they did withhold from your income

Hi,

Un nga po, all we need from them is the 2316. So that our client will know, how much is our tax return (If any). Also, our employer was known for not paying governmental (our SSS is 8 mos delayed as of the moment) that's one reason why we're securing the 2316.

But with regards to any form of back pay, we've waived them.

Do you have any idea po, if its legal na hndi nila ibigay ung 2316?

Thanks

Magpa-clear muna kayo.

And without following the company/employer process, you won't get anywhere.

yes legal for them to withhold 2316 until may clearance na. But they have to let you sign it before jan 31, 2017 even without clearance