HMO DEDUCTION TO LASTPAY - Required?

Good day, Atty.
Pls help. I was authorized by my husband to claim his last pay from his previous company. Resigned last Nov.5, was interviewed for his exit, submitted his clearance and surrendered his atm. Was tenured for 1year and 6months from this company.

Just called his HR last nov.29 for a followup/update regarding his pay. Said that it is still in (1month) process.
I asked about the details of his lastpay, says that 13th month and payment for the last days ng duty nya lang daw po. She said na tax refund ay di dw kasama dahil feb-april 2018 pa ang release nito.

Deductions are: balance sa loan worth 4k, and 6,400pesos for MAXICARE.
Maxicare card was given last Sept.2017 as benefits dahil na regular sya. HR said that HE NEEDS TO PAY THE CONTRIBUTION OF HIS MAXICARE UNTIL FEBRUARY 2018. DAHIL DI NYA SINURENDER ANG MAXICARE CARD. I told the HR na dala ng husband ko ang card dahil nasa wallet lang nya. At di naman magagamit iyon abroad. Even told her na icancel nalang ang membership nya since resigned naman na. Hindi daw maaari dahil pinoproseso na sa acctg ofc nila ang deductions para sa last pay nya.
Sinabi din na wag na ako umasa na may mkukuha pa dahil mag nenegative pa daw iyon.

Atty.,
1. Tama po ba napabayaran nila ang benefits na ibinigay nila sa empleyado nila?
2. Tax refund di ba ay dapat na kasabay ibibigay kapag nagclaim ng lastpay/backpay?
3. Resigned/1year lang po ba ay walang macclaim na length of service pay?

Sana po ay matulungan nyo kami. Maraming salammat po.

-AL

1. i think what they are asking you to pay is for the unexpired portion of the policy
2. yes you are right. yan ang dapat
3. pag resigned walang makukuhang length of service pay

WHY do we have to pay for it? It was given to him lang naman as benefit.

Please ellaborate. I dont know much about this.

Salamat po

Better ask your husband about if there is a policy about the HMO in their company.

Some company put a clause in the policy that in case the employee resigned, he/she will shoulder the remaining balance of the HMO. this is usually done to minimize the damages the company will incur brought about the sudden separation of the employee from the company.

For the tax refund, it "SHOULD" be given on the employees last pay. Di tama yung sinasabi na released only in feb - april 2018.

Just talked to my husband. He said na wala daw pong policy regarding sa maxicare benefits nila.

Ipinadala lng dw po sa area nila yung envelope ng card, natatanging pinirmahan daw po nya regarding maxicare card ay transmittal slip ng card nya, sya nagreceived dahil sya po naka duty.

Itinawag daw po nya sa hr nila yung maxicare, ang sabi lang daw po yun yung benefits nya at pwede nyang magamit.

Pano po ba yun atty??

Here's my take regarding the payment of your husband maxicare.

The company will pay for the employees' benefit. however, since this is an annual contract with maxicare, the are obligated to pay for it. Now, i.e. if the maxicare annual benefit amount per head is P12,800.00, and they are paying it semi annually, so the amount per 6 months is P6,400.00.

If your husband resigned during the first 6 months, the company would not obligated to "shoulder" the remaining balance of the health card because your husband is no longer an employee, thus it is no longer a benefit.

Generally, when this kind of benefit is initiated, there is a policy that states what the employer and what the employee will cover, also, thought this is not generally given in orientation thus mostly employees are unaware that they would pay the remaining balance of the healthcard.

hope this helps

Hi,

I also have this type of inquiry. Just a question po atty, if the company failed to inform or disclose the said company policy to the employee regarding the possible charges after separation, pwede po ba siyang idispute? Is it considered legal deduction? Are we really obliged to pay for it?

And this type of deduction will apply also sa mga terminated na employees po?

usually 1 year talaga ang HMO, and kaya pinababayaran yun kasi bayad na nang company yun.. pero dapat magamit mo pa din yun HMO hanggang mag expire na ito.

Unfortunately po, ipinapasauli nang companya ang card once separated ka na sa kanila.

april po kasi ako umalis sa company, so ibig pong sabihin dapat magamit ko pa siya until december?