Toptrend Letter Aug 24

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CAMPANILLA & PARTNERS

LAW OFFICE

August 26, 2014

Engineer Marjorie Daguio


Hearing Officer
Department of Labor and Employment
Regional Office No. IV-A CALABARZON

Madam:

We represent Toptrend Service Corporation. It came to our attention that


our client was examined and was advised to be violating Article 113 of the Labor
Code in connection with their deduction of uniform costs from their employee’s
salaries.

Please be informed that this is in a way a manner by which our client’s


employees pay for the uniforms that they bought through the latter in a contract of
sale.

In connection with Article 113 of the Labor Code, may we advance the
opinion that said law entertain exception found in the Implementing Rules, Book
III, Rule VII-A, Sec.7 i.e:

“….Deductions for value meal and other


facilities.(Underscoring supplied):

Note that our client incurs substantial expenses towards the procurement of
the uniform of its employees which was not at all their obligation. It was an
agreement by it and its employees that uniforms be used for them to save on
clothing expenses. To help them diminished the cost of their uniforms, our client
makes arrangement to buy in bulk by advancing the cost which later on is
distributed to its employees without any additional amount.

The latter proves to be cost effective and convenient to them owing which
the employees concerned voluntarily agree to the aforementioned deductions. At
this point, allow us to manifest that no employee of our client gripes or complaint

2nd Floor Overland Park Building, No. 245 Banawe cor. Quezon Avenue, Quezon City
Tel. No. 4159492, 4125391 Cel.No. 09228197220
E-mail: m.campanilla@yahoo.com
CAMPANILLA & PARTNERS
LAW OFFICE
about this deduction.

Our client informed us that there is a current DOLE advisory on this matter
as you have informed them.

If this is so, then please furnish us a copy thereof so that we can reconsider
our position. In that way, we will inform our client not to intervene anymore in
regard to their employees uniform and that they have to procure or buy it on their
own.

In the meantime please extend our client leniency under the circumstances.

Sincerely,

ATTY. PEARITO B. CAMPANILLA

2nd Floor Overland Park Building, No. 245 Banawe cor. Quezon Avenue, Quezon City
Tel. No. 4159492, 4125391 Cel.No. 09228197220
E-mail: m.campanilla@yahoo.com

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