Delayed wages

Dear Atty. Maan,

We have been experiencing delays in receiving our salaries from our employer without justifiable reason. The last time we received our salary was one month ago, despite the agreement that we should be paid bi-monthly, or every 15th and 30th. Is this legally acceptable under our labor laws?

Maya

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Dear Maya,

Article 103 of the Labor Code of the Philippines provides:

ART. 103. Time of Payment. — Wages shall be paid at least once every two weeks or twice a month at intervals not exceeding 16 days. If on account of force majeure or circumstances beyond the employer’s control, payment of wages on or within the time herein provided cannot be made, the employer shall pay the wages immediately after such force majeure or circumstances have ceased. No employer shall make payment with less frequency than once a month.

The payment of wages of employees engaged to perform a task which cannot be completed in two weeks shall be subject to the following conditions, in the absence of a collective bargaining agreement or arbitration award:

1. That payments are made at intervals not exceeding 16 days, in proportion to the amount of work completed;

2. That final settlement is made upon completion of the work.

Moreover, as clearly stated in Article 116 of the Labor Code of the Philippines, no employer shall withhold the dispensation of its workers’ wages. Furthermore, persistent failure to pay wages can also lead to criminal liability. Article 288 of the Revised Penal Code penalizes employers who willfully refuse or delay the payment of wages with imprisonment or fines.

Article 133. [135] of the same code provides:

“Criminal liability for the willful commission of any unlawful act as provided in this article or any violation of the rules and regulations issued pursuant to Section 2 hereof 104 shall be penalized as provided in Articles 288 and 289 of this Code: Provided, That the institution of any criminal action under this provision shall not bar the aggrieved employee from filing an entirely separate and distinct action for money claims, which may include claims for damages and other affirmative reliefs. The actions hereby authorized shall proceed independently of each other.”

Hope this helps.

Atty. Mary Antonnette Baudi