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
- 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]
- 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.