Department of Labor and Employment(DOLE)

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Date: Nov. 1, 2023, 7:44 a.m.

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Date: 2023-11-03 15:49:37.000000

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Date: 2023-11-06 17:25:38.000000

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Law of late salary/ unfair deduction

Published by Department of Labor and Employment(DOLE) on Nov. 1, 2023.
Requested from DOLE by N. Garcia at 07:44 AM on Nov. 1, 2023.
Purpose: to know what are my rights being employee
Date of Coverage: 10/31/2023 - 10/31/2023
Tracking no: #DOLE-395937956872

N.GARCIA Nov. 1, 2023, 7:44 a.m.

Hi, I would like to ask if there are any laws/regulations/rules with regards to late salaries. E.g. how many days after the 15th and 30th of the month is a salary considered late? Are there any remedies for an employee that was given their salary late? and also the fee in remittance center where they sent money will be deducted from us. We have 15 days funds that have not been paid and that is held by them so we wonder why our salary is always delayed or buzzer beater.

J.PUGATE Nov. 3, 2023, 3:49 p.m.

November 3, 2023 Dear Noel, Thank you for your request dated Nov 01, 2023 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Law of late salary/ unfair deduction. We received your request on Nov 01, 2023 and will respond on or before Nov 22, 2023 07:44:45 AM, in accordance with the Executive Order's implementing rules and regulations. Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at http://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPTEUtMzk1OTM3OTU2ODcyDA, for request with ticket number #DOLE-395937956872. Thank you. Respectfully, Josefina Pugate FOI Officer

R.AQUINO Nov. 6, 2023, 5:25 p.m.

November 6, 2023 Dear Noel Garcia, Greetings! Thank you for your request dated Nov 01, 2023 07:44:45 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. Your Request You asked for Law of late salary/ unfair deduction. Response to Request It is clearly stated in Article 116 of the Labor Code of the Philippines that no employer shall withhold the dispensation of its workers' wages. Additionally, for the wage dispensation to be considered delayed, more than 16 days must pass reckoned from the last dispensed wage. No two wages dispensed should exceed more than 16 days apart. Moreover, Labor Advisory No. 11-2014 enshrines that there shall be no interference in the disposal of wages and allowable deductions except for deductions that are authorized by law e.g. taxes, SSS, Philhealth, Pag-ibig, or union dues. In your case, fees deducted by the third-party remittance center used to dispense your wages should not be shouldered by you. Those fees should be covered the employer. Hope this clears things out, Salamat po. Help us to continuously improve our FOI Program Implementation by accomplishing the DOLE-FOI Request Feedback through this link: bit.ly/DOLE-FOIFeedback Form. Thank you. Respectfully, Engr, Joseph Gacosta FOI Decision Maker

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