Legal Question in Workers Comp in Philippines

wages

The school where I work deposits our salary to our payroll account in a bank and we can get it through the ATM.However,every May 1-15,our pay is given in cash and are not given if teachers cannot submit clearance form.This policy is imposed to all teachers(probationary&tenured).I have asked the school director regarding the legality of this practice but no clear answer was given.So that up to this date Aug.26,2007, my salary for May1-15,2007 is still with my employer because I did not submit my clearance with the condition that I would only submit it if my pay for that period is deposited to the bank which is the usual practice.Here's my question,IS IT LAWFUL FOR MY EMPLOYER TO WITHHOLD MY SALARY FOR (May 1-15,2007) UP TO THIS DATE?


Asked on 8/26/07, 12:14 am

1 Answer from Attorneys
VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

Re: wages

As a general rule, an employer cannot withhold the salary of an employee. However, there is nothing illegal when your employer has required you to file a clearance before you can obtain the release of your salary. This is a standard practice in every employment. On the other hand, it is another thing when despite you have filed your clearance your employer still withhold your salary. In this case, you may have a ground to initiate a complaint for money claims before the Arbitration Branch of the NATIONAL LABOR RELATIONS COMMISSION.

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Answered on 8/27/07, 1:02 am


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