Scribd Logo
Upload

Welcome to Scribd!

  • 84 views

    Final Pay 2316 Demand Letter

    Uploaded by

    Martin Sanderson
    The letter is a request for final pay and prorated 13th month pay from the employer. It summarizes that under Labor Advisory No. 6, Series of 2020, an employer has 30 days to provide final pay and prorated 13th month pay to a terminated employee who has completed clearance. It warns that if payment is not received within 7 days, a complaint will be filed with the NLRC for illegally withholding wages and damages will be sought. It also notes that the required BIR Form 2316 has not been provided as required by law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Final Pay 2316 Demand Letter

    Uploaded by

    Martin Sanderson
    84 views2 pages
    The letter is a request for final pay and prorated 13th month pay from the employer. It summarizes that under Labor Advisory No. 6, Series of 2020, an employer has 30 days to provide final pay and prorated 13th month pay to a terminated employee who has completed clearance. It warns that if payment is not received within 7 days, a complaint will be filed with the NLRC for illegally withholding wages and damages will be sought. It also notes that the required BIR Form 2316 has not been provided as required by law.

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The letter is a request for final pay and prorated 13th month pay from the employer. It summarizes that under Labor Advisory No. 6, Series of 2020, an employer has 30 days to provide final pay and prorated 13th month pay to a terminated employee who has completed clearance. It warns that if payment is not received within 7 days, a complaint will be filed with the NLRC for illegally withholding wages and damages will be sought. It also notes that the required BIR Form 2316 has not been provided as required by law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    84 views2 pages

    Final Pay 2316 Demand Letter

    Uploaded by

    Martin Sanderson
    The letter is a request for final pay and prorated 13th month pay from the employer. It summarizes that under Labor Advisory No. 6, Series of 2020, an employer has 30 days to provide final pay and prorated 13th month pay to a terminated employee who has completed clearance. It warns that if payment is not received within 7 days, a complaint will be filed with the NLRC for illegally withholding wages and damages will be sought. It also notes that the required BIR Form 2316 has not been provided as required by law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    [Your Name]

    [Address]
    [Date]

    [Company]
    [Address]

    Re: Final Pay and Prorated 13th Month Pay

    Good Morning,

    In light of the fact that I have been cleared from my employment with you for [X]
    weeks/months/years now, and have had no response regarding when you will be
    processing my Final Pay and Prorated 13 th Month Pay, I am forced to take more drastic
    measures now.

    Under Labor Advisory No. 6, Series of 2020, an employer has 30 days to provide an
    employee with their final pay, including their Prorated 13th Month Pay, pending
    completion of their clearance.

    This is not just a guideline, it is now a law. As such, you are obliged to follow this legal
    requirement, and provide a terminated employee that has completed clearance with
    their final pay and 13th month pay within the aforementioned time of 30 days.

    Moreover, prioritization of payment of Final Pay is not a permitted ground for your
    refusal to follow the law, and can be seen as a deliberate attempt to circumvent the
    Labor Code.

    Moreover, you have also failed to provide my completed BIR 2316 form, as is required
    by law. Under Revenue Regulations No. 11-2013, dated May 20, 2013, an employer is
    required to:

    “furnish every employee the Certificate of Compensation Payment/Tax Withheld (BIR


    Form No. 2316) on or before January 31 of the succeeding calendar year, or if
    employment is terminated before the close of such calendar year, on the day on which
    the last payment of compensation is made.”

    “Failure to furnish the same shall be a ground for the mandatory audit of income tax
    liabilities (including withholding tax) upon verified complaint of the payee.”
    As you have not replied to my requests asking for a definite date when my Final Pay
    and Prorated 13th Month Pay will be released, I hereby give you seven (7) days from
    the date of this letter to provide this in full.

    Your failure to do so WILL result in legal action being taken against you for Illegally
    Withholding Wages, under Article 116 of the Labor Code (renumbered). If the Final Pay
    and Prorated 13th Month Pay is not received by [insert date], I will be forced to file a
    complaint and money claim with the NLRC, to include nominal, moral, and exemplary
    damages, and legal fees.

    Your failure to also provide my BIR 2316 within this same period WILL result in a
    complaint being made to the Bureau of Internal Revenue under Section 2.83 of RR 2-
    98, as amended, which states:

    I look forward to a speedy resolution of this unfortunate yet illegal action that you have
    undertaken.

    Yours,

    [insert name]

    You might also like