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Cash Bond in Agency operator

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1 Cash Bond in Agency operator on Sat Dec 07, 2013 11:41 am

alexisbantilan


Reclusion Perpetua
Hi AttyLl:

Our company is a manufacturing company who get operator from 5 manpower agencies.

One operator approach me and ask if Cash Bond is legal or not?
Because their agency implementing cash bond deductions from their payroll.

I wrote a letter to our HRM about the issue. I ask him if its legal to impose cash bond. He just say, pakialamero daw ako. I Don't to interfere daw for their business.

I understand that cash bond are just money making activity of a manpower agency.

Thanks.

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2 Re: Cash Bond in Agency operator on Mon Dec 09, 2013 11:28 am

Patok


Reclusion Perpetua
hindi mo na nga problema yun kung may cash bond yung agency nila o wala.. kung meron.. at pumayag naman sila.. problema na nila yun.. ngayon kung hindi sila papayag.. pwede naman sila lumipat nang ibang agency na walang cash bond..

iniiwasan kasi nang mga agency na papasok sa kanila yung tao tapos makaka kita nang ibang agency bigla na lang hindi papasok.. kaya naglalagay sila nang cash bond..

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3 Re: Cash Bond in Agency operator on Mon Dec 09, 2013 5:40 pm

attyLLL


moderator
imo, they are illegal. they can report that to the nearest dole office.


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4 Re: Cash Bond in Agency operator on Tue Dec 10, 2013 9:55 am

alexisbantilan


Reclusion Perpetua
Patok,

Epal ka sumagot.

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5 Re: Cash Bond in Agency operator on Tue Dec 10, 2013 10:04 am

alexisbantilan


Reclusion Perpetua
Hi Attyll;

Please help me interpret tungkol sa sinasabi ng HRM namin about sa issue na na raised ko sa cash bond. Below is the article na pinambara nya sa akin.

Deductions in worker’s pay are only those authorized by law

May an employer lawfully make deductions from the employee’s wage for cash bonds?

Article 97 of the Labor Code of the Philippines defines wage as the remuneration or earnings, however designated, capable of being expressed in terms of money, whether fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the same, which is payable by an employer to an employee under a written or unwritten contract of employment for work done or to be done, or for services rendered or to be rendered and includes the fair and reasonable value, as determined by the Secretary of Labor and Employment, of board, lodging, or other facilities customarily furnished by the employer to the employee. Being the compensation of an employee for a hard day’s work, it should not be subjected to deductions other than those authorized by law.

Our law prohibits employers, on their own behalf or in behalf of any person, to make deductions from the wages of their employees except in the following instances: 1) where the worker is insured with his consent by the employer, and the deduction is to recompense the employer for the amount paid by him as premium on the insurance; 2) for union dues, in cases where the right of the worker or his union to check-off has been recognized by the employer or authorized in writing by the individual worker concerned; and 3) the employer is authorized by law or regulations issued by the Secretary of Labor and Employment (Article 113, Labor Code of the Philippines).

The making of deductions for cash bonds or deposits is one of the allowable deductions from the employee’s wages (Article 114, Labor Code of the Philippines). However, the employers cannot just unilaterally declare and impose upon their employees the giving of bonds and/or deposits. Before the employers may make deductions from wages for cash bonds, they must first establish that the same is authorized by law, or regulations issued by the Secretary of Labor. They should also prove that posting of cash bonds is a recognized practice in their business or if there be none, the employers should seek for the determination by the Secretary of Labor through the issuance of appropriate rules and regulations that the policy that they wish to implement is necessary or desirable in the conduct of their business (Niña Jewelry Manufacturing of Metal Arts, Inc., vs. Montecillo, G.R. No. 188169, November 28, 2011). The failure of the employers to comply with the foregoing will render the deductions baseless and illegal.


I smell something fishy ksi na baka pinayagan nya din yung agency na magdeduct ng cash bond para daw may singilin sila kung may sira o maiwanan accountabilities ang mga operators nila.

Thanks.

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6 Re: Cash Bond in Agency operator on Tue Dec 10, 2013 12:58 pm

Patok


Reclusion Perpetua
ano naman epal don sa sagot ko..

alexisbantilan wrote:Patok,

Epal ka sumagot.

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