POSITION PAPER

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.

It is the right of an employer to regulate, according to his own discretion

and judgment, all aspects of employment such as hiring, work assignments,
working methods, time, place and manner of work, tools to be used, processes
to be followed, supervision of workers, working regulations, transfer of
employees, work supervision, layoff of workers, discipline, dismissal or
recall of workers, unless otherwise limited by special laws.
This is an opinion with regard to the probationary employees rights and privileges; and if
the former shall also be entitled with the rights and privileges of regular employees as provided
for in the Labor Code and granted to them by the company.

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.

ARGUMENTS AND DISCUSSION

1. Not necessarily. If the Contract of Employment of the probationary employees clearly
states that they are entitled to it, then the company should give what is due to them.
However, if it is not stated in the said contract, since it is a managerial prerogative and
not statutory right, probationary employees have no right to demand for such. Not
unless, it has been a company practice that employers are giving their probationary
employees some uniform for the past years, in which case, the latter have a right to
demand it. Therefore, so long as a companys prerogatives are exercised in good faith for
the advancement of the employers interest and not for the purpose of defeating
or circumventing the rights of the employees, the same is respected.

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