A worked as a roomboy in La Mallorca Hotel.

He sued for underpayment of wages before the NLRC, alleging that

he was paid below the minimum wage. The employer denied any underpayment, arguing that based on long
standing, unwritten policy, the Hotel provided food and lodging to its housekeeping employees, the costs of
which were partly shouldered by it and the balance was charged to the employees. The employees’
corresponding share in the costs was thus deducted from their wages. The employer concluded that such valid
deduction naturally resulted in the payment of wages below the prescribed minimum. If you were the Labor
Arbiter, how would you rule? Explain.

I will rule in favor of A. Even if food and lodging were provided and considered as facilities by the employer, the
employer could not deduct such facilities from its workers‘ wages without compliance with law (Mayon Hotel &
Restaurant v. Adana, 458 SCRA 609 [2005]). In Mabeza v. NLRC (271 SCRA 670 [1997]), the Supreme Court held that
the employer simply cannot deduct the value form the employee‘s wages without satisfying the following: (a) proof
that such facilities are customarily furnished by the trade; b) the provision of deductible facilities is voluntarily
accepted in writing by the employee; and (c) the facilities are charged at fair and reasonable value.

The rank-and-file union staged a strike in the company premises which caused the disruption of business
operations. The supervisors union of the same company filed a money claim for unpaid salaries for the duration
of the strike, arguing that the supervisors' failure to report for work was not attributable to them. The company
contended that it was equally faultless, for the strike was not the direct consequence of any lockout or unfair
labor practice. May the company be held liable for the salaries of the supervisor?

No, following the ―”No work No Pay” principle, the supervisors are not entitled to their money claim for unpaid
salaries. They should not be compensated for services skipped during the strike. The age-old rule governing the
relation between labor and capital, or management and employee of a ―fair day‘s wage for a fair day‘s labor‖
remains as the basic factor in determining employees‘ wage (Aklan Electric Cooperative, Inc. v. NLRC, G.R. No.
121439, January 25, 2000).