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STATEMENT OF CASE
Article 3 of the Labor Code of the Philippines states that:
The State shall afford protection to labor, promote full employment, ensure equal work opportunities
regardless of sex, race or creed and regulate the relations between workers and employers. The State
shall assure the rights of workers to self-organization, collective bargaining, security of tenure, and just
and humane conditions of work.
ISSUES
1.
Whether or not probationary employees are entitled to companys uniform policy, which
should be given by the latter at their expense.
2. Whether or not probationary employees have the same rights and privileges with regular
employees as provided for in the Labor Code.
3. Whether or not company uniform should be deducted from the wages of the employees.
2. Yes. However, as for the security of tenure, probationary employment shall not exceed
six (6) months from the date the employee started. Unless, he qualified as a regular
employee in accordance with reasonable standards prescribed by the employer (Art. 287,
Labor Code). But, just like regular employees, they should only be removed not at the
pleasure of the employer but for just or valid cause or if he fails to qualify for regular
employment (Athenna International Manpower Services, Inc. v. Villanos, 456 SCRA
355, 2004).
3. No. As a general rule, wage deduction is strictly prohibited.
Except:
a. Workers insurance acquired by the employer
b. Union dues, where the right to check-off has been recognized by the employer
c. Cases where the employer is authorized by law or regulations issued by the
Secretary of Labor. (Art. 113, Labor Code)
Other allowable deductions include but not limited to:
a. Debts of the employee to the employer that have become due and demandable
b. Taxes
c. SSS contributions
d. Philhealth contributions
e. Pag-ibig contributions
f. Agency fees
g. Union service fees
h. Deductions made in case of judgment against the debtor-worker