Legal Question in Employment Law in Philippines
Hi, ask ko lang what if may nagawang mali sa trabaho ang isang employee at involve dito ang pera, kailangan ba talaga na i'charge sa kanya yung nawalang amount kahit hindi nya naman ito ginamit sa pansariling pangangailangan?
1 Answer from Attorneys
Under SECTION 14, RULE VIII BOOK III OF THE OMNIBUS RULES IMPLEMENTION THE LABOR CODE Deduction for loss or damage. � Where the employer is engaged in a trade, occupation or business where the practice of making deductions or requiring deposits is recognized to answer for the reimbursement of loss or damage to tools, materials, or equipment supplied by the employer to the employee, the employer may make wage deductions or require the employees to make deposits from which deductions shall be made, subject to the following conditions:
(a) That the employee concerned is clearly shown to be responsible for the loss or damage;
(b) That the employee is given reasonable opportunity to show cause why deduction should not be made;
(c) That the amount of such deduction is fair and reasonable and shall not exceed the actual loss or damage; and
(d) That the deduction from the wages of the employee does not exceed 20 percent of the employee's wages in a week.
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Follow up question: What if the contract doesn't have a fixed period. Like for... Asked 4/19/13, 11:12 am in Philippines Labor and Employment Law