NEED HELP- SALARY WAS PUT ON HOLD

Hi, ask ko lang kung tama ba na hinold nila yung salary ko dahil less than 30hrs daw yung pinasok ko kasi nagkasakit yung anak ko with medical documents. Wala naman ako makita sa policy namin na ganun saka ang sabi ng Finance- internal daw yun between Finance and operations. Hindi rin ako sinabihan ng supervisor ko na mahohold pala yung sweldo ko. Please help.

There must be a reason why they put your salary on hold. Were you put under preventive suspension?

from the brief facts you've provided and assuming you did not terminate your employment, I do not see any valid / legal reason why your employer should withhold your salary. As a GENERAL RULE kase, it is unlawful for ANY PERSON ( that includes your employer, of course), to withhold any amount from your wages WITHOUT YOUR CONSENT. In a certain case, the Supreme Court even held: "What an employee has worked for, his employer must pay.” So that, an employer cannot refuse to pay the employee his salary simply because he has been been absent on other days. Your salary however would only cover the days you've actually worked. Now, I emphasized there, "without your consent". So please check baka me pinermahan ko na MOA or baka included sa contrata mo na less than 30 days, pwede nila e-withold.... Now, if resigned kana, well they are actually allowed to withhold it before you are cleared of any liabilities... but, I must note that said withholding should be within a "reasonable period" only... Try mo sulatan HR and accounting.... If di talaga sila papayag, a lawyer comes handy... Goodluck!

salamat po sa replies, wala po ako pinirmahan kahit anong consent or letter. wala rin ako preventive suspension, hindi ako nag NCNS. I already filed a complaint sa HR and CEO, kapag wala pa rin sila sagot sakin, tama ba na mag file na ako ng complaint sa Dole?

ACTIVE employee rin ako, so I guess, my right as a worker is violated for that matter.

when you stated less than 30 hrs work, is this for 1 cut-off, where you on "approved" leave. approved means it is filed with your company and the form is signed by your immediate superior.

The only way thing I can think of right now is that the 30 hrs is for one cut-off, you are "tagged" on awol and they didn't expect you to show up for work anymore.

and with this. they already tagged your salary to be release upon clearance. just clear it up with your supervisor.

regarding filing a complaint with DOLE, its your choice.

regarding your right as a worker being violated, we can't say because of the limited data/info we have here.

Yung 30hrs na sinasabi nila ay para sa isang cut off, my son was sick due to asthmatic bronchitis and I was out for 7days. Hindi siya filed as Leave dahil hindi naman kaya i-cover ng leave credits ko yung absences ko pero I made sure na notified ang immediate supervisor ko following the 2 hour prior to shift notification per company policy. I am very much aware that these absences were LWOPs due to insufficient leave credits. However, little did I know that I won't be receiving anything, not a single centavo for that pay out.

I sought assistance from my Senior manager and was told to send an email about this explaining what happened but I no longer proceeded because my supervisor came up to me and said that my logs for that pay period were 'less than 30 hours' that was the reason it had been held. We even talked to Finance and said the same thing. Since then, I've been trying to understand and find out where to look for that 'at least 30 hours of time logs' (I asked HR and Finance which policy to go to but to no avail. They said that it's an internal agreement (or something to that effect) between Finance and Ops supervisors) which I believe is not communicated anywhere in the company policy nor the payroll advisories.

As I understand it, also written on my contract, that we have a 'no work, no pay' policy. Per Labor Code of the Philippines, 'An employee must be paid their wages for all hours worked.' , 'Wages shall be given not less than once every two weeks or twice within a month at intervals not exceeding 16 days.'

In my case, I still had worked hours for that pay period and religiously adhered to the required notification for unplanned absence/s which is 2 hours prior to shift. I was told that those worked hours will be credited the following pay out. However, it did not pacify the struggles and stress I had to go through.

if it is going to be paid na next payroll then i suggest doing nothing. If you file a complaint and the employer receives it before the release of the payroll, they might hold your salary again. If you already received your salary before the mediation then your complaint will probably just get dismissed. If you do get a hearing it will take months before it gets resolved, hindi sulit magreklamo unless the amount is big and only if ayaw nila ibigay sayo.

if masama ang pakiramdam mo i would suggest na you start looking for other employment because it sounds like you won't be happy with your current employer anymore.

Hi, thank you for your suggestion. I don't think I can't just give up on this. I am currently on my first trimester and they are giving me so much stress. I don't think looking for another job resolves this.

its more hassle and you won't get anything financially. But try mo, tutal sa dole you can just call their hotline.

Yup, thanks so much. Will try to resolve this within the company but if they decline my rights, Dole will come handy. Thanks again

try to resolve it internally first by writing courteous emails to your supervisor, managers and HR. I do agree that hours worked should be paid regardless if there were absences. A complaint at Dole, though, might not be the best move because it's not a quick remedy

I already wrote a complaint to HR but it seems that they just ignored it. Though it has already been credited to my pay now, it did not deny the fact that it was not written anywhere in the policy and it had brought me so much stress considering im 12 weeks pregnant