Legal Consequences of Employee Theft in the Philippines

Query: Ano ang maaaring ikaso sa isang empleyado na nagnakaw ng pera mula sa kumpanya?

Employee theft is a serious offense in the Philippines and can lead to severe legal consequences. The act of stealing from an employer, regardless of the amount involved, can be prosecuted under several laws and provisions in the Philippine legal system. Here are the key legal aspects related to employee theft:

Relevant Legal Provisions

1. Revised Penal Code (RPC):

   • Article 308 (Theft): Theft is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent. The penalty for theft varies depending on the value of the stolen property. For theft involving an amount exceeding PHP 22,000, the penalty can reach up to reclusion temporal (12 years and 1 day to 20 years).
   • Article 310 (Qualified Theft): When theft is committed with grave abuse of confidence, such as when the perpetrator is a domestic servant, employee, or person entrusted with the care of the property stolen, the crime becomes qualified theft. The penalty for qualified theft is two degrees higher than that prescribed for simple theft, making it a graver offense.

2. Labor Code of the Philippines:

   • Article 296 (Serious Misconduct): An employee who commits serious misconduct or willful disobedience of the lawful orders of the employer in connection with their work may be terminated. Theft is considered serious misconduct, justifying the immediate termination of the employee involved.

3. Civil Code of the Philippines:

   • Article 2176 (Quasi-Delicts): An employer can also pursue civil liability against the employee for damages resulting from the theft. This can include restitution of the stolen amount and compensation for any consequential damages suffered by the employer.

Steps for Employers

1. Internal Investigation: Conduct a thorough internal investigation to gather evidence and substantiate the theft. This includes auditing financial records, interviewing witnesses, and reviewing security footage if available.

2. Filing a Complaint: Once sufficient evidence is gathered, the employer can file a criminal complaint for qualified theft with the police or directly with the prosecutor’s office.

3. Termination of Employment: Based on the evidence of theft, the employer can proceed with the termination of the employee for serious misconduct in accordance with the due process requirements under the Labor Code. This typically involves issuing a notice of charge, conducting a hearing, and providing the employee an opportunity to respond.

4. Civil Action: The employer may also file a civil action to recover the stolen amount and any additional damages incurred due to the theft.

Employee Rights

Employees accused of theft have the right to due process. This includes:

• The right to be informed of the charges against them.
• The right to present their side and submit evidence in their defense.
• The right to appeal the decision if they believe it was unjust or not supported by evidence.

Conclusion

Employee theft in the Philippines is treated with utmost seriousness and can lead to both criminal and civil liabilities for the perpetrator. Employers must ensure they follow due process in both investigating the theft and taking disciplinary actions. Legal counsel should be sought to navigate the complexities of filing criminal charges and pursuing civil remedies.