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Deduction due to tardiness

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1 Deduction due to tardiness on Mon May 04, 2015 10:34 pm


Arresto Menor
Hi. My employer gave us a memo today regarding penalties for tardiness which will be a 60% deduction from our daily wage if we are 1-29 minutes late effective May 11, 2015.

My concern is as to what extent can my employer impose such deduction amount. I understand habitual tardiness can be used as grounds for termination (neglect of duty), but please enlighten me as to what other options or opinion can I take other than resigning and finding other jobs instead.

As per reading from previous posts and discussions here, 2 of which I believe has some relation to my concern above

  1. Article 113 of the Labor Code allows such a deduction from the wages of the employees by the employer, only in three instances, to wit:  

    (a)  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;

    (b)  for union dues, in cases where the right of the workers or his union to check-off has been recognized by the employer or authorized in writing by the individual worker concerned; and

    (c)  in cases where the employer is authorized by law or regulations issued by the Secretary of Labor.  [Apodaca vs. National Labor Relations Commission, et al., G.R. No. 80039, April 18, 1989]

  1. 2. Article 282. Termination by employer. An employer may terminate an employment for any of the following just causes:

    (a) Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;

    (b) Gross and habitual neglect by the employee of his duties;

I would highly appreciate your soonest advice.
Thank you

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2 Re: Deduction due to tardiness on Tue May 05, 2015 10:12 am


Reclusion Perpetua
that is too high, and i think unfair..
what i know of deductions should like, for simple computations,,
1-15 mins late will auto compute as .25 hour late...
16-30 mins = .5 hours late.
31 - 60 = 1 hour
> 2 hours late = halfday... or such,,
that is unconventional,
ask fellow employees to sign a petition to oppose such memorandum..

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3 Re: Deduction due to tardiness on Thu May 07, 2015 3:57 am


Reclusion Perpetua
I don't know if it's regulated in law, but I find it being a HUGE difference if it happen seldom or often.
For FEW late arrivals I find LandOwner's values fair, because it's human to fail SOME times Smile Or simply let the employee CATCH UP the missed time and get full pay, IF the work can be done "anytime".
BUT if same person have MANY late arrivals, then LandOwner's values is much to low, because the employer LOSE much MORE than the salary cost, because the employees are there to do work, which cover OTHER costs too, because otherwice there wouldn't be any point for employers to employ anyone... Smile The employer lose very much e g if there are expensive mashines, which aren't used if the handlers don't arrive in time. Then I find a HIGH salary deduction fair.

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