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Company Uniforms as salary deduction - legal??

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nacionaljjr


Arresto Menor
Queries on the ff:

> Is it legal for any employer to deduct from their employees salary the cost of company office and safety uniforms?

> Can any employer compel their employees to pay for the cost of the company office and safety uniforms?

Very much looking forward for your expertise, comment, and advise.

bst rgds,

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council


Reclusion Perpetua
Yes it's allowed.

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jdlreyes79


Arresto Menor
to council:

pls post any basis for your reply or opinion; this would clarify more your point...

tnx.

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nacionaljjr


Arresto Menor
jdlreyes79, good pt. tnx

Council, your experienced opinion is highly valued. really hope you can clarify your reply further. pls see below the contentions:

>> Labor Code: Art. 113. Wage deduction. No employer, in his own behalf or in behalf of any person, shall make any deduction from the wages of his employees, except:
1>In cases 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>In cases where the employer is authorized by law or regulations issued by the Secretary of Labor and Employment.

>> Uniforms are not included under the definition of 'Facilities' either.

>> the requirement to wear an official/safety uniforms are tools of the trade necessary to the conduct of employer's business.

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Patok


Reclusion Perpetua
what do you mean safety uniforms? anong industry ba kayo?

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nacionaljjr


Arresto Menor
Patok wrote:what do you mean safety uniforms? anong industry ba kayo?

(in reply to patok's query/reply)

safety uniforms: defined in the company to include official work clothing (overalls) and shirt with company logo, safety shoes, working gloves, safety hats.

office uniforms: polo shirts and shirts with company logo for men and formal attire and shirts with company logo for women.

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Patok


Reclusion Perpetua
sa mga security guards.. binabayaran din nila uniforms..

so kung ayaw mo magbayad.. wag ka kumuha

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concepab


Reclusion Perpetua
council wrote:Yes it's allowed.

This is interesting. Can we have reference for that?

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nacionaljjr


Arresto Menor
Patok wrote:sa mga security guards.. binabayaran din nila uniforms..

so kung ayaw mo magbayad.. wag ka kumuha

...to patok: check Sec 6 Rule VIII of the Rules and Regulations Implementing RA5485 -- security guards are required by this law to provide for themselves 1 set of the prescribed uniform once a year unless their employer will provide for them for free... i hope i was able to help you on this...

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HR Adviser


Reclusion Perpetua
As for the office uniforms, salary deduction is allowed. Article 115. during our Conference with DOLE such concern had been taken up they said that it allowance under that rule. Labor Code does not mandate the company to give free uniforms. It is a management prerogative to decide whether or not they will produce their own uniform for uniformity or they just let their employees provide their uniforms. http://www.chanrobles.com/legal4labor3.htm

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