Legal Question in Employment Law in Philippines

Tardiness

How much is the maximum penalty for tardiness in terms of money? The company i belonged in deducts P5.00 per minute for tardiness. Is it justifiable?


Asked on 8/22/07, 8:50 am

2 Answers from Attorneys

Reynaldo Destura Destura & Associates Law Offices

Re: Tardiness

divide your monthly rate by the number of your working days in a month. then divide it by 8 hours. then you get your hourly rate. reduce it in to minutes to get minutes rate

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Answered on 8/23/07, 1:01 am
VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

Re: Tardiness

Tardiness is an offense punishable either as a violation of company rules and regulations or the Labor Code as a form of negligence (could be gross and habitual neglect of duty depending on attending circumstances or as an abandonment of duty subject to certain requirements).However, before your employer can impose the same as a form of penalty the twin requirements of due process, the notice and hearing, should be complied first. On the other hand, if not being imposed as a form of penalty said deductions from your daily wage can be justified as a payment on the corresponding hours of work you have rendered for the day. Naturally, if you have worked only for a certain number of hours then you should be paid only for such corresponding hours that you have worked as per your time record. This is based on the principle of "a fair day's wage, for a fair day's work".

If this is being imposed by way of a unilateral penalty without due process then your employer is violating the administrative procedure before imposing administrative sanctions. The law did not provide on the exact amount to be deducted in case of tardiness as a form of administrative sanctions.But this should be pro-rated depending on the seconds, minutes or hours you've been tardy.

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Answered on 8/23/07, 3:07 am


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