Legal Question in Employment Law in Philippines

Hi,

I just want to know if a company is allowed to hold the salary of an employee who is suspended and eventually will be terminated. The employee was suspended for a 5 days suspension for a fraud case beacuse she enrolled her friend in a points program but did not even put any points on it. She just enrolled her friend and did not put anyhting on that friend's account. She was suspended from Monday to Friday (May 9-130 and Friday is the payday. She did not get her salary. Now, Monday next week (May 16, 2011) she will be terminated. She did not even undergo a hearing. She did submit a notice to explain letter that's all.

I hope you can answer my question it's Saturday right now and on Monday she does not know what to do.

Thanks!


Asked on 5/14/11, 12:57 am

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

No they cannot withhold her salary as she already worked for it. However, as a matter of policy some employers delay the release of the unpaid claims of an employee prior to employment clearance. In case she was terminated by this time she should make a demand for the payment or release of her last salary that she worked for. Then she can contest her termination for lack of due process and include her money claims by filing a complaint before the NLRC located in Banaue, Quezon City .

Read more
Answered on 5/17/11, 5:59 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Philippines