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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » SALARY on HOLD

SALARY on HOLD

4 posters

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1SALARY on HOLD Empty SALARY on HOLD Sat Feb 03, 2018 3:19 am

kiopi6


Arresto Menor

Hi Atty,

My salary was put on hold prior to finishing my 30 days render for resignation. I filed my resignation Jan. 7, supposedly to be effective on Feb. 6, I had 2 days off for 1 and 2, then 3,4,5 approved as a leave. Cut-off for for pay is on the 31st of January, and payout is on the 5th of Feb.

I applied for a company and got hired, started Feb 1.
Would my previous company have the right to hold my salary?

Thank You

2SALARY on HOLD Empty Re: SALARY on HOLD Sat Feb 03, 2018 7:07 am

mikos23

mikos23
Reclusion Perpetua

Yes they have the right to hold your salary and release it as a final pay.

3SALARY on HOLD Empty Re: SALARY on HOLD Sat Feb 03, 2018 7:51 am

kiopi6


Arresto Menor

As to when will the final pay be released after clearance?

4SALARY on HOLD Empty Re: SALARY on HOLD Sat Feb 03, 2018 1:01 pm

mikos23

mikos23
Reclusion Perpetua

yes after clearance

5SALARY on HOLD Empty Re: SALARY on HOLD Mon Feb 05, 2018 12:38 pm

kiopi6


Arresto Menor

I was not happy with the company's accounting since there were delays of payout and some issues with taxes and remittances to government agencies.
I checked my records from my previous company.
They delayed the SSS payment, no payments for December and January.
They updated my PhilHealth with the employer information but no submission or reports,
and We employees have not received the BIR-2316 Information nor signed any copies of it.

Any Advise on this?

6SALARY on HOLD Empty Re: SALARY on HOLD Mon Feb 05, 2018 1:06 pm

mikos23

mikos23
Reclusion Perpetua

My usual advice is to wait.

For SSS and PHIC, there are 2 steps in processing the remittances which are 1. payment and 2 posting.

for payments, SSS penalized employers for delayed payment, so mostly employers do pay on time. The problem is on the posting. most of the companies are lax in this areas because there are not penalties for delayed posting. ang magagawa mo na lang is kulitin ninyo accounting ninyo. or file a written complaint with sss, and phic and they will write a letter to the company.

7SALARY on HOLD Empty Re: SALARY on HOLD Mon Feb 05, 2018 2:51 pm

kiopi6


Arresto Menor

My last post for PHIC is Dec. 2016 - before my previous company.
and For BIR 2316 - None were provided since last year. JAN 2017

Thank Very Much for the Response, Really Appreciate it.

8SALARY on HOLD Empty Re: SALARY on HOLD Mon Feb 05, 2018 3:59 pm

mikos23

mikos23
Reclusion Perpetua

You can report it the concerned agencies already

9SALARY on HOLD Empty Re: SALARY on HOLD Tue Feb 20, 2018 8:36 pm

kiopi6


Arresto Menor

Hi Atty.

Thank you for the replies.
I attempted to contact the HR manager for my clearance and they said that,
It is up to them to approve of my clearance.
What does it mean to me?, and what can I do about this?
when they are saying they won't process my clearance or clear my record.

10SALARY on HOLD Empty Re: SALARY on HOLD Wed Feb 21, 2018 6:56 am

mikos23

mikos23
Reclusion Perpetua

it means that they will approve the clearance however, they will do it according to their time schedule.

11SALARY on HOLD Empty Re: SALARY on HOLD Wed Feb 21, 2018 12:49 pm

kiopi6


Arresto Menor

Which would mean that they can make me wait indefinitely?
I'm in a situation where they would do things necessary so I will not receive my last pay, which would also include holding it indefinitely.
They will not provide a specific timeline or schedule to process anything.
Any advise on this?

12SALARY on HOLD Empty Re: SALARY on HOLD Thu Feb 22, 2018 3:12 pm

attyLLL


moderator

you can either wait or file a money claim at nlrc.

https://www.facebook.com/BPOEmployeeAdvocate/

13SALARY on HOLD Empty Re: SALARY on HOLD Thu Feb 22, 2018 3:44 pm

kiopi6


Arresto Menor

Thank you very much for the advise.

14SALARY on HOLD Empty Re: SALARY on HOLD Wed Mar 21, 2018 7:43 pm

kiopi6


Arresto Menor

I checked with my previous company,
The company is not registered as BPO based on their tax registration and will not provide out BIR form 2316 so we can check whether we have tax refunds available.
They mentioned it is available for employees that served 1 yr?.

15SALARY on HOLD Empty Re: SALARY on HOLD Wed Mar 21, 2018 8:31 pm

lukekyle


Reclusion Perpetua

ano ang question mo?

16SALARY on HOLD Empty Re: SALARY on HOLD Thu Mar 22, 2018 6:47 am

kiopi6


Arresto Menor

How long will they be able to hold my salary and can they deny me of my clearance process?

What would help me claim the salary that I worked in the company?

17SALARY on HOLD Empty Re: SALARY on HOLD Thu Mar 22, 2018 8:27 am

lukekyle


Reclusion Perpetua

unfortunately the law is silent on the time. it typically takes 60-90days after clearance so you can use that as a guide.
you can file money claims sa nlrc if you think they will not pay you. if you think na they will pay but its going to take some time i suggest you wait nalang kasi filing a complaint takes a while to be resolved. sometimes it takes more than a year or two

18SALARY on HOLD Empty Re: SALARY on HOLD Sat Mar 24, 2018 2:06 pm

attyLLL


moderator

the standard is reasonableness. to me that should be 30 days after clearance

https://www.facebook.com/BPOEmployeeAdvocate/

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