Query: Is it legal for an employer to threaten to sue an employee for company property and to harass them or their family over resignation and demanded deductions from salary in the Philippines?

In the Philippines, labor rights are protected under various statutes, including the Labor Code and the Civil Code, which provide safeguards against unjust employer practices like undue harassment and unauthorized salary deductions.

Overview of Employer's Rights and Obligations:

Property Retrieval: Employers have the right to reclaim company property issued to employees for work purposes. However, this process should be conducted in a legal and civil manner without threats or intimidation.
Salary Deductions: The Labor Code stipulates that deductions from wages are only permissible under specific conditions, such as statutory deductions, wage overpayments, or when expressly authorized by law or by the employee for a lawful cause.

Legal Remedies for Employees:

Unlawful Deductions: If an employer makes deductions from an employee's salary without legal basis, the employee can file a claim with the Department of Labor and Employment (DOLE) or the National Labor Relations Commission (NLRC).
Harassment and Coercion: Harassing an employee or their family members to sign documents or to forcefully comply with unfair practices is against the law. Employees can seek redress for such harassment by filing a complaint with the DOLE, the NLRC, or even pursuing criminal charges for coercion or harassment.

Handling Threats of Legal Action:

Legal Consultation: Employees receiving threats from their employer related to company property or other issues should seek legal advice. A qualified attorney can provide guidance on how to proceed and whether any company claims are legally founded.
Negotiation and Mediation: Often, disputes over company property or resignation terms can be resolved through negotiation or mediation, avoiding the need for litigation.

Workplace Policies and Agreements:

Employers are encouraged to clearly define and communicate workplace policies regarding company property, resignation procedures, and salary deductions in employment contracts or handbooks. Transparency in these policies can prevent misunderstandings and disputes.

Conclusion: Employees in the Philippines are protected by law from unjust employer practices, including harassment and unlawful salary deductions. Those facing such issues should promptly seek legal advice and report the matter to appropriate authorities to ensure their rights are upheld.