I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
Facilities form part of wages. Under the Rules Implementing the Labor Code, they "include articles or services for the benefit of the employee or his family but shall not include tools of the trade or articles or service primarily for the benefit of the employer or necessary to the conduct of the employer's business" (Book 3, Rule 7-A, Sec. 5.) They are necessary for the subsistence of the employee and his family; board and lodging are considered facilities. The DOLE secretary can fix the fair and reasonable value of facilities through regulations. They must, however, be voluntarily accepted by the employee or they can't be deducted from his wages.
Supplements, on the other hand, are benefits and privileges constituting extra remuneration over and above the ordinary earnings of the worker.
To determine whether the privilege is a supplement or a facility, you must find out what its purpose is for and not pay attention to the item, privilege or benefit itself.
For facilities to be deducted from wages, the following requirements must be observed:
1.) The employer must prove that the facility was customarily given by the trade
2.) The employee must accept the provision of deductible facilities voluntarily and in writing
3.) The facilities must be charged at their fair and reasonable value
2 comments:
Which among the two is deductible from wages?
Facilities are wage-deductible, supplements are not.
Post a Comment