Query: Makakasuhan ba ang isang empleyado na hindi na-remit ang pera ng kumpanya kahit na terminated na siya?

In the Philippines, the legal responsibilities of employees, particularly in handling company funds, remain a significant concern for both employers and employees. When an employee is terminated, issues concerning unremitted cash can lead to potential legal actions. This article will explore the legal framework surrounding this issue.

Employer-Employee Relationship and Fiduciary Duty

The employer-employee relationship in the Philippines is governed by various laws, including the Labor Code of the Philippines. Under this relationship, employees have a fiduciary duty to act in the best interest of their employer, particularly when handling company funds or assets. This fiduciary duty persists even after the termination of employment if issues arose during the tenure of the employee.

Legal Grounds for Filing a Case

Qualified Theft: If an employee is found to have intentionally withheld company funds for personal gain, the employer can file a case of qualified theft under Article 310 of the Revised Penal Code. This crime involves taking something of value from the employer with intent to gain and without the employer’s consent.
Estafa (Swindling): Another potential charge is estafa under Article 315 of the Revised Penal Code. This occurs when an employee misappropriates or converts company funds entrusted to them. Estafa can be filed if the employee, in their capacity, used the funds for purposes other than what was intended by the employer.
Breach of Contract: If the terms of employment included specific clauses about the handling and remittance of funds, failure to adhere to these terms can lead to a breach of contract claim. The employer may pursue civil remedies for any losses incurred due to the breach.
Civil Liability: Even if criminal charges are not pursued, the employee may still face civil liability. The employer can file a civil suit to recover the unremitted funds. This process involves proving the amount due and the failure of the employee to remit these funds.

Defenses for Terminated Employees

Employees who face such allegations have several possible defenses:

Lack of Intent: The employee can argue that there was no intent to defraud or misappropriate the funds. Situations such as misunderstandings or accounting errors can be highlighted.
Full Remittance: If the employee can prove that all funds were duly remitted and any discrepancies were due to factors beyond their control, this can serve as a strong defense.
Due Process: Employees must also ensure that any termination and subsequent legal actions by the employer adhered to due process. If due process was not followed, the employee might have grounds to contest the charges.

Procedural Aspects

When an employer decides to file a case, it typically starts with a demand letter requesting the remittance of the funds. If the employee fails to comply, the employer can proceed with filing a criminal complaint with the Office of the Prosecutor or a civil complaint with the appropriate court.

Conclusion

In the Philippines, employees can indeed face legal action for unremitted company funds, even after termination. It is crucial for employees to understand their fiduciary duties and for employers to follow due process in pursuing legal remedies. Both parties should seek legal counsel to navigate the complexities of such disputes effectively.