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!
There are 2 groups of wage deductions: those under Art. 113 of the Labor Code and those under other laws. The allowable wage deductions under Art. 113 of the Labor Code are the following:
1.) In cases where the worker is insured with his consent by the employer and the deduction is to compensate the employer for the amount he paid as a premium on the insurance
2.) For union dues if the employer recognizes the worker's or union's right to check-off (deduct from wages) or is authorized by the worker himself
3.) In cases where the law or regulations issued by the DOLE Secretary authorizes the employer to make deductions
The following are deductions allowed by other laws
1.) If the employee has a debt to the employer and it's now due and demandable (Civil Code, Art. 1706)
2.) In court awards, wages can be subject to execution or attachment only if they cover debts for food, shelter, clothing or medical attendance (Civil Code, Art. 1703)
3.) Withholding taxes (NIRC)
4.) Salary deductions of a member of a legally established cooperative (RA 9520, Art. 58, which amended RA 6938/Philippine Cooperative Code of 2008)
5.) Deductions for payment to third persons, with the employee's written authorization (Labor Code Implementing Rules, Book 3, Rule 8, Sec. 13)
6.) Union dues (Labor Code, Art. 241 and 277)
7.) Agency fee (Labor Code, Art. 248, par. e)
8.) Deductions for meals and other facilities (Labor Code Implementing Rules, Book 3, Rule 7-A, Sec. 7)
9.) Deductions for loss or damage (Art. 114, Labor Code)
10.) SSS, Medicare, Pag-IBIG, premiums
Note, however, that under Art. 114 of the Labor Code the employer can't make the employee make a deposit to cover damages to company property. Whatever damage the employee commits must be charged to his salary.
15 comments:
Hi sir. Is salary deduction allowed for the company uniform?
Hi sir. Is salary deduction allowed for the company uniform?
How about for overpayment? They deducted an amount without asking if it is ok with me.
Hi Sir. Is it stated in the law that contractual workers should NOT be exempted in salary deduction? We will have our debate in class po kasi and our stand is to not exempt the contractual workers for salary deduction.
Hi sir, Good day..
This is unusual and funny but it really happens to me;
My company promoted last May 2 and on our pay day, i checked my bank account I was surprise because instead of salary increase it was then decrease for about 50 %. I ask the HR he said there are some deduction for additional benefits.. And I not stupid to belief...
can I ask what to do.. especially if I want to file a case against the company?
Good Morning!
Our company provides a mobile plan for each employee. Is it legit to add a 10% additional charges on top of the excess amount on each plan? Though the memo issued relating to wit has been signed by the employee, it was never clearly explained to them. What can we do about it?
Thanks in advance.
My company charges me big amount of money because of damage product is it legal?2nd they tampering my documents for charges
how about uniforms? is it allowed to deduct on their salaries?
My employer didnt pay my overtimes, per diem and my basic salary became lower than my basic salary before?
"Food and transportation are included. In the absence of the partner during the conference, the full fee amount at cost will be charged against the partner’s account." Is this legal or appropriate?
Hi po panu po kung nag maroon ng increase.at nailagay sa basic salary.for 6 month.at pagtapos binawasan ang basic salary my.kc nag kamali cila.is that legal.
What about undertime sa government employee sir?
What about clerical mistakes?
is that allowed to be a salary deduction?
Sa retrenschment pay po ung pinabale ng compania sa empleyado .noon kasalukuyan ecq kakaltas po sa bayad sa amen sa re treshment pay po ng empleyado...
Sa retrenschemt pay po ung pinabale na compania sa empleyado noon kasalukuyang ecq kkaltasin po sa bayad sa retreschment pay?
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