13TH MONTH PAY DEDUCTIONS

Good day to all!

I been charged by the company for almost 95,000 pesos for the losses of our merchandise due to unidentified persons shop-lifted our products while I am on duty during that time. I have no choice when they released a memo stating that I have to pay the amount while I am still in service, and according to the management it was negligence of duty. It will be automatically deducted on my salary every cut off, and all of the sudden, the deductions started last march 2010. My question is, do they have the right to hold my 13th month pay due ton that reason? Or if they will hold at least half of my 13th month, for there reason that I have that worth of losses? If they do this, Can I file a complaint against them to DOLE? Since it was not legal to deduct employee’s compensation without any notice to the said employee, right attorneys? Some of my co-employees experienced this before. The management hold his half of his 13th month pay because their delivery van was accidentally robbed I guess. That's why he wasn't able to get his full 13th month pay.

Thank you in advance!

you can file your complaint at dole, but their mandate is up to P5,000 only. nevertheless, it might help yrou get an early settlement of the problem.

the proper remedy is really to file a case at the nlrc. the company will have to prove that it was your negligence which warrants the deduction.