Salary Deduction

Hi Atty.

May utang po ako sa car insurance company.
2 years ang utang ko, around 30k

Gusto po ng HR namin na i-deduct sa sweldo ko ang buong amount, one-time deduction, kasi bonus namin. nakiusap po ako na wat naman isang biglang kaltas.magbabayad ako pero hindi ko kaya ng buo dahil syempre marami pa ring kailangang gastusan na ibang obligasyon.

legal po ba na ibawas nila ng one-time bigtime ang bayad sa sweldo ko.halos walang matitira sa akin pag nangyari yun,

did your employer pay the insurance company on your behalf? or they are collecting in behalf of the insurance company?

Hindi po binayaran ng company ang insurance. Outstanding pa rin po ang utang sa Insurance co. They're just trying to collect in behalf of the insurance company.

pasingit lang -

ART. 113. Wage deduction. - No employer, in his own behalf or in behalf of any person, shall make any deduction from the wages of his employees, except: chanroblesvirtuallawlibrary

(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 worker 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 and Employment.

council wrote:pasingit lang -

ART. 113. Wage deduction. - No employer, in his own behalf or in behalf of any person, shall make any deduction from the wages of his employees, except: chanroblesvirtuallawlibrary

(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 worker 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 and Employment.

So dito po sa (a), ang ibig sabihin po ba ay pwede i-deduct kung binayaran ng company ang insurance. pero since hindi naman binayaran ng company ang premium, they cannot make any deductions. tama po ba ang understanding ko?

in practice, art. 113 (a) is used to refer to insurance premiums where it is the employee himself is insured such as philhealth and sss. in my opinion, car insurance is not covered.

what is more applicable is the provision that payments to third parties will require written consent of the employee.