Dear Attorney,
I have some concerns about the discrepancies in my payslip and salary. I would like to know my rights as an employee in the Philippines regarding this matter and what legal actions I can take if my employer does not address the issue.
Sincerely,
Worried Employee
Insights
In the Philippines, employers are legally required to provide their employees with a payslip. This document should contain the full breakdown of earnings and deductions for a given pay period. The purpose of the payslip is to ensure transparency and allow employees to verify whether they are being compensated correctly.
The Labor Code of the Philippines, specifically Article 113, prohibits employers from withholding any part of the employee’s wages, except in cases allowed by law such as deductions for insurance premiums, union dues, or loan repayments. Additionally, under the Department of Labor and Employment (DOLE) guidelines, employers must pay salaries in full and on time.
Failure to issue a payslip or discrepancies between the payslip and the actual salary received can result in a violation of the employee’s rights. Employees who experience this may file a complaint with DOLE. Employers may face administrative penalties if they are found in violation of labor laws.
Moreover, the proper deduction for government contributions (SSS, PhilHealth, Pag-IBIG) must be reflected accurately in the payslip. Misrepresentation or failure to remit these contributions on time may expose employers to legal consequences, including interest, penalties, or criminal charges.
If the issue is not resolved through internal discussions with the employer, the employee may consider filing a complaint with DOLE or seek assistance through legal channels, such as mediation or arbitration.