Here’s a practical, everything-you-need legal guide—Philippine context—on Illegal Salary Deductions for Unordered Supplies. It covers what’s unlawful, the narrow exceptions when deductions are allowed, how to stop and recover them (with timelines), how to compute claims, and ready-to-use templates.
1) What this issue usually looks like
- HR or a supervisor deducts from your payslip for items you never ordered (e.g., “starter kit,” office supplies, marketing materials, “mandatory” lanyards, ID cases, tools, PPE, uniforms, raffle tickets, charity drives, newsletters, party funds).
- You’re told the items are “company policy” so payment is automatic, or you’re asked to “just sign” a generic form after the deduction.
- The deduction is recurring or bundled under vague codes (“others,” “miscellaneous,” “supplies,” “admin charge”).
Bottom line: Employers cannot treat your wages like a wallet for things you didn’t order or voluntarily authorize. The law protects the integrity of wages and narrowly limits deductions.
2) Core legal principles (plain English)
Wages are for the worker. Employers can’t withhold, divert, kick back, or take cuts from wages except in very specific, narrow cases set by law and rules.
No unilateral deductions. As a rule, no deduction may be made without:
- a lawful basis (statute/rule), and
- the worker’s informed, voluntary, written authorization (when required), and
- no employer profit from the transaction.
Employer-required tools/gear: If the employer requires items to do the job (e.g., tools, PPE), the employer should bear the cost—not the worker.
Unordered or unsolicited goods: There’s no obligation to pay for goods/services you didn’t request. Forcing payment (especially via payroll) is an unfair practice.
Due process for losses/damage: Deductions for alleged losses, shortages, or damage need proof, fair investigation, and must be limited to the actual loss—not an arbitrary charge.
3) When are deductions allowed?
Very few situations. Common lawful buckets:
Government-mandated: SSS, PhilHealth, Pag-IBIG, withholding tax.
Court or agency orders: e.g., writs of garnishment, child support orders.
**Employee-initiated with specific written authorization and no employer profit:
- Voluntary loans or cash advances repayment schedules;
- Company canteen/store purchases actually incurred by the worker;
- Legitimate union dues or authorized contributions;
- Insurance or savings plans the worker opted into.
Documented loss/damage/shortage: Only after due process, and only up to the proven amount; no “penalty markups.”
Red flags: “Mandatory kits,” “policy purchases,” “you benefit anyway,” or post-dated blanket waivers are not real consent. Consent must be free, informed, and specific to the item/amount/date.
4) “Unordered supplies” ≠ “authorized payroll deduction”
Unordered (unsolicited) supplies are not a lawful basis for wage deductions. To be valid, the employer must show:
- You requested the goods or clearly opted in, and
- You signed a specific written authorization before deduction, stating what item, what price, and when the deduction occurs, and
- The employer does not profit from the transaction, and
- The item is not something the employer must provide for you to perform your job safely and properly.
If any of the above is missing, the deduction is presumptively unlawful.
5) Special notes on common items
- Uniforms/PPE/tools required by the employer: The employer should shoulder these. Charging employees (especially via automatic payroll deduction) is generally improper, even with “company policy.”
- ID, lanyards, nameplates: If these are mandatory for work, cost should be on the employer.
- Marketing/branding merchandise (shirts, brochures) and “starter packs”: Unless voluntarily ordered by the worker with clear pre-authorization, payroll deduction is not allowed.
- Charity/raffle/event tickets/farewell gifts: Always optional; never payroll-deduct without opt-in consent.
- Bond/“deposit” for breakage or loss: Not a free pass. There must be a lawful rule, due process, and actual loss—no blanket monthly “breakage” fees.
6) Your remedies (what to do, step-by-step)
A. Immediate actions (this week)
Gather evidence
- Payslips showing the code, amount, frequency of deductions.
- Any memos, policy handbooks, chat/emails, or forms you were told to sign.
- Photos of the items you supposedly “ordered,” and any refusals you made.
Write HR (see template below) to:
- Dispute the deductions as unauthorized,
- Demand stoppage and refund, and
- Ask for the legal basis and your signed authorization (if any).
B. Soft-landing options
- SEnA (Single-Entry Approach) at DOLE: quick conciliation-mediation; often yields refunds and a stop-deduction memo without a formal case.
C. Formal enforcement
- DOLE complaint for wage violations (illegal deductions, wage payment interference, non-compliance with wage rules). Inspectors can order compliance and restitution (plus administrative penalties).
- NLRC/Arbiters (money claims) if needed: claim refunds, damages (when warranted), attorney’s fees.
- Criminal/administrative exposure is possible for willful wage withholding/kickbacks—raise with DOLE for referral if facts fit.
7) How far back can you claim?
- Money claims (e.g., refund of illegal deductions) generally prescribe in 3 years from when the cause of action accrued.
- File sooner to avoid disputes on prescription and to minimize “we already stopped” defenses.
8) Computations (simple method)
- Principal refund: Add every illegal deduction within the 3-year window.
- 13th-month differential: Illegal deductions should not reduce the “basic salary earned.” If they did in practice, compute the shortfall on your 13th-month and include it.
- Premiums/OT/Holiday impact: If your paid wage base got reduced by those deductions, recompute affected differentials and add them.
- Legal interest: Ask for legal interest on amounts due (reckoned per current judicial guidelines).
- Attorney’s fees: Typically 10% of the monetary award when you were compelled to litigate/claim.
Keep a claim sheet: per cut-off date, deduction label, amount, cumulative total, notes on supporting proof.
9) Evidence that convinces
- Payslips or payroll summaries with the exact codes/amounts.
- HR emails/chats or memos announcing or acknowledging the deductions.
- Lack of pre-signed, specific authorization from you (or proof you refused).
- Proof items are employer-required (policies, SOPs, safety manuals), hence employer’s cost.
- Co-worker affidavits showing pattern (same deductions across staff).
- Any SEnA minutes or DOLE inspection notes.
10) Common employer defenses—and how to counter
- “It’s company policy.” Policies can’t override labor standards. Ask: what law/rule allows it?
- “You signed a form.” Was it before the deduction? Specific to the item/amount/date? Voluntary? No profit? If not, it’s defective.
- “You benefited from the item.” If it’s required to work, the employer bears the cost. If it’s optional, show you didn’t order it.
- “We stopped already.” Stopping doesn’t erase refund liability for past deductions.
- “Everyone agreed.” Collective consent doesn’t replace your individual, informed authorization.
11) Templates you can copy-paste
A) Email/Letter to HR (Stop & Refund)
Subject: Dispute of Unauthorized Payroll Deductions; Demand to Stop and Refund
Dear HR,
I respectfully dispute the deductions labeled “[SUPPLIES/ADMIN/OTHERS]” that appeared on my payslips on [dates/amounts]. I did not order or authorize these items, nor did I sign a specific, prior written authorization for payroll deduction.
Kindly:
1) Stop further deductions effective immediately;
2) Refund all deducted amounts within [10] days; and
3) Provide the legal basis and copies of any documents you rely on.
Please note that items required for work (e.g., tools/PPE/uniforms/IDs) should be at the employer’s expense, not charged to wages. If needed, I am ready to proceed to SEnA/DOLE for conciliation.
Thank you.
[Name, Employee No., Position]
B) SEnA Request (Conciliation-Mediation) — Bullet Points
- Parties and addresses; workplace/branch
- Nature of dispute: Illegal salary deductions for unordered supplies (describe items, codes)
- Period and amounts (attach payslip copies)
- Reliefs: Stop deductions, refund, correct wage records, 13th-month differential, and commitment not to repeat
C) DOLE Complaint (Wage Violation) — Skeleton
Complainant: [Name, address, position]
Respondent: [Company, address]
Cause: Illegal salary deductions for unordered supplies
Facts: (1) Deductions labeled [codes] on [dates/amounts]; (2) No prior written authorization;
(3) Items were employer-required and/or not ordered by complainant; (4) Repeated despite protest.
Reliefs: Refund of all deductions within 3 years, correction of payroll records, payment of differentials (incl. 13th month), legal interest, compliance order/penalties as warranted.
D) NLRC Money Claim — Prayer Sample
— Refund of illegal deductions (total ₱____)
— 13th-month differentials and other pay differentials (₱____)
— Legal interest as allowed by law
— Attorney’s fees at 10% of the total award
— Other just and equitable reliefs
12) Practical tips & pitfalls
- Don’t sign retroactive “authorizations.” If pressured, write “Received only, not an authorization” next to your signature, and keep a copy.
- Export your payslips (PDF) and backup emails now.
- Be specific in claims: show each deduction, each date, each amount.
- SEnA first can save time and relationships; if it fails, you’re documented and ready.
- Group complaints help show pattern—coordinate with co-workers if safe.
- Watch for retaliation: Keep records; if adverse actions follow your complaint, raise unfair labor practice/retaliation concerns.
13) Quick decision tree
- Was there a law/court order? If no, deduction is likely illegal.
- Did you clearly opt in—before the cut-off—with a specific, written authorization? If no, illegal.
- Is the item required to do the job? Employer pays.
- Is there a documented, proven loss/shortage with due process? If no, illegal.
14) What success looks like
- Immediate stop of the deduction line item on payslips.
- Refund of all illegal deductions within the 3-year lookback.
- Corrected 13th-month and any differentials.
- Compliance memo from HR (policy fix), preventing recurrence.
If you want, I can turn your payslips into a claim worksheet, draft a SEnA request tailored to your company’s policy wording, and prepare a one-page brief you can bring to DOLE or an initial HR meeting.