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Running into labor rights unpaid salary? Within the scope of freelance work and telecommuting roles, earning a stable income while enjoying the flexibility and comfort of one’s home or a trendy café can seem like the epitome of modern work-life balance.
However, this fair trade of services for salary can often hit a snag when an unanticipated hurdle arises. Not receiving earned compensation in a freelance or remote setup is a disheartening experience, causing not only financial strain but also a considerable toll on mental well-being.
How can you effectively handle such a situation without damaging professional relationships or worse, falling into a financial crisis?
I’ll walk you through essential steps such as open communication, documentation, use of escrow services, and legal recourses to safeguard your interest in the gig economy.
However, as per the Philippine Labor Code, Article 116, withholding wages, without any relevant law or regulation, is illegal. The time came for me to seek my rights.
Attempt for Resolution
The first step was to respectfully confront your employer, requesting they sort out the late salary payments. While, I met with constant stalling and ended up running in frustrating circles.
Reaching Out to Department of Labor and Employment (DOLE)
When the polite method proved fruitless, you should know you had to take matters up a notch. Reach out to the Department of Labor and Employment (DOLE). According to DOLE’s Regulation No. 1, Series of 1999, Rule VIII, Section 1, the employer must pay employees their salaries regularly, including on non-working days.
Filing a Complaint
You can file a salary dispute complaint with DOLE. The filing of a money claim is encouraged, under the jurisdiction of the Labor Arbiter, if the overall claims exceed P5,000 (Article 129, Labor Code). With their help, my complaint was directed toward the National Labor Relations Commission (NLRC).
Initial Mediation
At NLRC, the first step was mediation. The aim was to arrive at an agreeable settlement between your employer and you as the employee, facilitated by a labor arbiter. The law encourages amicable resolution before progressing the matter to court.
Full Hearing on labor rights unpaid salary
If despite your attempts, and your employer adamantly refused to address the issue. Thus, you can move to the next step, a full-blown hearing. Present evidence to prove your claims, and a decision will be made based on the merits of your case.
Final Verdict and Execution of Judgment
On failing to comply voluntarily, the favorable judgment for a money claim could be executed (Art. 223, Labor Code).
You can always find empowerment in knowing the law, having patience, and standing up for your rights. Hope this article about labor rights unpaid salary helped you.
I hope this guide shines a light on the importance of knowing your labor rights and serves as a guide for anyone facing salary issues. Never forget – you work hard and you deserve to get paid for it. Stand up for your rights.
Let me know your thoughts and we welcome stories from our readers and let us know if you can share something with us here!
Shoot me an email at argbelda@gmail.com
