Employer is not giving copies of BIR 2316

Good day,

Please help me.

My employer is not giving copies of BIR 2316 (Certificate of Compensation Payment/Tax Withheld) since I started working with them. Last January 2017, they gave us copy to sign. However, they didn't give us copy. And I've noticed that only the 13th month pay was declared despite of deductions on our overtime because we have mandatory 2hours overtime everyday. Another thing is, I found out that my RDO is different with my Employer. Upon visiting to BIR office for checking, they said that my RDO is in Taguig(my previous employer), different from my current employer which is Cebu-based. I remember that they never asked me for BIR1905 (Application for
Registration Information Update).

Question is;

1. Does my employer filing my Withholding Tax to BIR despite of RDO differences because every pay day they are deducting me for tax?

Correct me if I'm wrong. As far as I know, employer cannot collect or withheld tax if the RDO of the employee is different from them. That's why there is BIR1905 form.

2. What should I do if they are not filing my Withholding Tax. Can I refund it?

Because of the above doubts, I'm also planning for resignation next year, maybe February 2018.

What recourse should I do to obtain copies of BIR2316 and COE after my resignation. After all, I still want a graceful exit.

Question;

1. If ever they dont provide me the copies of BIR2316 and COE after my resignation. What other alternative documents should I secure.


Thank you in advance for your advice & suggestions.

1. Does my employer filing my Withholding Tax to BIR despite of RDO differences because every pay day they are deducting me for tax?

- yes your employer is filing your tax with BIR.

Correct me if I'm wrong. As far as I know, employer cannot collect or withheld tax if the RDO of the employee is different from them. That's why there is BIR1905 form.

- you are wrong, the employer can and are mandated by the BIR to collect or withheld tax. What they are in violation is non-reporting of their employees to the BIR, penalty for this is usually after tax season when BIR "checked" their records.

2. What should I do if they are not filing my Withholding Tax. Can I refund it?

- if you want, you can ask to see a copy of the 1601C - Monthly Remittance Return of Income Taxes Withheld on Compensation that the employers file every month. So if they can't prove that your tax is filed, you can either ask to return your deductions (which I doubt they would) or report them to BIR.

What recourse should I do to obtain copies of BIR2316 and COE after my resignation. After all, I still want a graceful exit. - file a complaint with DOLE.

thank you so much sir