Dear Attorney,
I would like to ask for legal advice regarding a matter at work. Recently, there was a delay in the release of my salary by one day. Is there a legal basis for me to file a complaint regarding this, or should I be concerned about any violations of labor laws in this instance? Thank you for your guidance.
Sincerely,
Concerned Employee
Insights
In the Philippines, labor law mandates that employees be paid on time, and this is a critical right enshrined under the Labor Code of the Philippines. Article 103 of the Labor Code specifies that wages should be paid not less than once every two weeks or twice a month at intervals not exceeding 16 days. It also requires that wages be given within a specific payment schedule agreed upon between the employer and the employee.
A one-day delay in salary payment may appear minor, but it could still constitute a violation of the employee’s right to timely compensation. Employers are required to observe punctuality in wage disbursement to avoid penalties and labor disputes.
Under Republic Act No. 6727, or the Wage Rationalization Act, employers who delay the payment of wages without a valid and justifiable reason may face legal consequences. An employee experiencing consistent delays or finding themselves in a financially unstable situation due to late payments may file a complaint with the Department of Labor and Employment (DOLE) for an investigation into the employer’s practices.
In cases where the delay results from an isolated administrative error, an employer may rectify the issue by ensuring prompt payment moving forward. However, repeated or deliberate delays may lead to legal action, fines, or even suspension of business operations for non-compliance with labor standards.
Additionally, according to Presidential Decree No. 442, also known as the Labor Code, employers who habitually delay salary disbursement may be held liable for damages. Employees can also claim interest if wages remain unpaid for an extended period.
Employees should consult with a lawyer or approach DOLE if they suspect that their employer is violating labor laws, even in cases of minor salary delays, as these can have broader legal implications over time.