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ALLOWANCE removal/deduction

3 posters

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1ALLOWANCE removal/deduction Empty ALLOWANCE removal/deduction Thu Aug 17, 2017 12:22 pm

adilao


Arresto Menor

Hi, just want to consult is it proper/legal that the employer removed the "OTA-over time allowance" and reduced the "de minimis benefits" of the employees?

OTA is paid whether you render overtime or not. But as per HR the management review that OT's shall be taxable.. so the management decided to remove the employee OT allowance and advised the employees to render overtime to be paid an Overtime that is taxable.

The 2nd scenario was deduction 1k from 3k monthly allowance (de minimis benefit).

The effect of that was lesser take home pay for the employees.

2ALLOWANCE removal/deduction Empty Re: ALLOWANCE removal/deduction Thu Aug 17, 2017 1:09 pm

mikos23

mikos23
Reclusion Perpetua

How long have the OTA been given? if you render OT, are you still paid for it or the OTA is considered payment of your rendered OT.

benefits, once given, cannot be withdrawn. it construed as diminution of benefits

3ALLOWANCE removal/deduction Empty Re: ALLOWANCE removal/deduction Thu Aug 17, 2017 1:31 pm

adilao


Arresto Menor

The OTA was given upon hiring of the new employees. It was included in the job offer. As per senior employees, OTA are old time practice.

Yes rendered overtime are paid.

4ALLOWANCE removal/deduction Empty Re: ALLOWANCE removal/deduction Thu Aug 17, 2017 1:32 pm

mikos23

mikos23
Reclusion Perpetua

the OTA should also not be removed.

5ALLOWANCE removal/deduction Empty Re: ALLOWANCE removal/deduction Thu Aug 17, 2017 3:41 pm

adilao


Arresto Menor

What shall be the basis or could be possible proof to the employer that the OTA's should not be removed?


6ALLOWANCE removal/deduction Empty Re: ALLOWANCE removal/deduction Thu Aug 17, 2017 3:57 pm

lukekyle


Reclusion Perpetua

it has to meet these criteria:
1. it has been done for a considerable long period of time
2. it has been consistently and intentionally done
3. is not a product of erroneous interpretation or construction of a doubtful or difficult question of law

7ALLOWANCE removal/deduction Empty Re: ALLOWANCE removal/deduction Thu Aug 17, 2017 4:04 pm

adilao


Arresto Menor

I forgot to mention that the company gave the employee additional 1k on the basic pay in exchange of almost 6k OTA. And Let the employee signed a document stating the new basic pay and removal of OTA.

8ALLOWANCE removal/deduction Empty Re: ALLOWANCE removal/deduction Thu Aug 17, 2017 8:25 pm

lukekyle


Reclusion Perpetua

if pumayag kayo (signing of the document) then hindi nyo pwede ireklamo

9ALLOWANCE removal/deduction Empty Re: ALLOWANCE removal/deduction Fri Aug 18, 2017 7:33 am

adilao


Arresto Menor

Thank you all.

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