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Theft of company property

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1 Theft of company property on Sun Sep 17, 2017 8:32 am

Cait


Arresto Menor
Last week my father attended a conciliation conference at the DOLE field office here in our city after receiving a letter last week. During the meeting, the employee, Miss A, complained that she was illegally terminated and claimed for underpaid wages. During the conference, She demanded 50,000 thousand pesos which she later reduced to 30,000pesos. What really happened was, last Sept. 1 she was told by my father not to bring her share of meals home and instead eat her meals in the workplace. My father was informed by my mother that other employees are talking about Miss A bringing home more than her share of a meal. All employees are furnished three meals and snacks per day as part of their compensation. Upon learning the situation, i asked an employee if she has seen Miss A bring home food and she confirmed saying at times, Miss A brings a lot of cooked rice. In my anger & frustration, I texted her on that day since she's no longer around the workplace. I asked her if it's true that she's bringing home cooked rice more than her share. I told her she can either stop working or continue to work but no longer allowed to bring their meals home. She vehemently denied. We had a heated dispute thru text messages. Then she said she quits her job. She threatened to air her grievance thru a radio program. She texted my father that she will no longer work. My mother texted her to come to the workplace and face people concerned to explain her side. She didn't want to. She never came back for work. That night i checked our cctv footages and true enough she was bringing food everyday. At times, she would bring left over viands from a previous meal and too much cooked rice.
My father reasoned that she voluntarily resigned. In fact, she abandoned her work. On her claims of underpaid wage, she is compensated with payment and meals and insurance contributions. My father showed The DOLE officer a computation of her wage and monetary value of other benefits like meals and toiletries but the officer said it needs to be in writing or payslip form. The nature of her job is such that she only cooks the three meals furnished to all employees everyday. She doesn't work for 8 hours.
Is she entitled to claims for underpaid wages po?
Can she be charged with theft po?

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2 Re: Theft of company property on Sun Sep 17, 2017 10:11 am

lukekyle


Reclusion Perpetua
yes she can be charged for theft, the unfortunate thing in this scenario is that she has already filed a labor complaint against you. it is going to look like you just want to get back at her as far as labor officials are concerned.
re underpayment, might be. tough sell, in the future remember that it is better to just give them their compensation in cash. if talagang gusto nyo may mga meals etc, then pay them first. then bili nalang sila food from you. do NOT salary deduct.

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3 Re: Theft of company property on Sun Sep 17, 2017 10:26 am

Cait


Arresto Menor
Sir, how are we as employers protected by law or seek justice in situations like this when an employee is abusing us? It seems she did it because we found out about her wrongdoing. We plan to file charges against her not to get back at her sir, but because we are aggrieved sir and she is liable. If we file a complaint sir, will it be affected by the fact that we filed it after she complained at DOLE? Will it be dismissed if there is probable cause?

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4 Re: Theft of company property on Sun Sep 17, 2017 10:30 am

Cait


Arresto Menor
Sir, our compensation is cash and the benefits (for live-in employees--lodging, meals, toiletries), can they be considered as facilities, and then be deductible from salary? Minimum wage = cash + monetary value of benefits + insurance contributions

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5 Re: Theft of company property on Mon Sep 18, 2017 7:03 am

mikos23


Prision Mayor
You should have documented everything, from the contracts employee are signing, and the policies stated in your company. That is the way that you can legally protect yourself from your employees.

Filing charges now after the employee have filed a labor complaint will be seen as a way to get back to the employee. The decision will be affected by this fact. however, filing a case against her is not thru dole but on the court itself since theft is not a labor case.

Cait wrote:Sir, how are we as employers protected by law or seek justice in situations like this when an employee is abusing us? It seems she did it because we found out about her wrongdoing.  We plan to file charges against her not to get back at her sir,  but because we are aggrieved sir and she is liable.  If we file a complaint sir, will it be affected by the fact that we filed it after she complained at DOLE? Will it be dismissed if there is probable cause?

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6 Re: Theft of company property on Mon Sep 18, 2017 7:08 am

mikos23


Prision Mayor
If the "facilities" that you are stating is not a benefit, have them sign a document stating they wish to avail this as such and willing to have it deducted in their salary.

Cait wrote:Sir, our compensation is cash and the benefits (for live-in employees--lodging, meals, toiletries), can they be considered as facilities, and then be deductible from salary? Minimum wage = cash + monetary value of benefits + insurance contributions

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