CA-G.R. SP NO. 95464 6
D E C I S I O N
extent of the work performed under the contract. The contractor is made
liable by virtue of his status as direct employer, while the principal becomes
the indirect employer of the former's employees for the purpose of paying
their wages in the event of failure of the contractor to pay them.
As regards to the contention of petitioners that Mauring is only
entitled to the amount of P4,200.00, since P50.00 was being deducted from
his salary everyday, as payment for his meal, is also untenable.
Under Article 113 of the Labor Code, no employer, in his own behalf
or in behalf of any person, shall make any deduction from the wages of his
employees, except: (a) in cases where the workers 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.
From the foregoing, it is clear that the employer must pay the wages
in full. It cannot by any unauthorized deduction, diminish the employee’s
earnings.
Furthermore, petitioners presented as evidence the company logbook
of PIADECO, which was prepared by a certain Danilo T. Bautista, to prove
that Mauring only rendered 25 days of services for the month of December
and only two days for the month of January. This however, should not be
given credence, since, petitioners failed to show that it came from the
official records of PIADECO or prepared by any of its authorized officers.
Finally, one who pleads payment has the burden of proving it. The
burden rests on the employer to prove payment, rather than on the employee
to prove non-payment. The reason for the rule is that, pertinent personnel
files, payrolls, records, remittances, and other similar documents which will
show that overtime, differentials, service incentive leave and other claims of
No comments:
Post a Comment