Theft of office supplies
If I bring home office ballpens, a few pieces of paper, pencils, or even paper clips, would I be liable for theft? What if everyone, including managers, is doing it and justifies the value of those supplies as negligible, would the culprits be held liable? — Cracker Nut
It depends on your company policy. Check your code of conduct or similar management policies. Understand its definition and applicable penalties. You can’t go wrong with those rules. It could be under the provision of qualified theft or simple theft, if not under the shotgun phrases like “serious misconduct” or “willful breach of trust and confidence.”
Don’t look for a specific provision on the theft of office supplies. Instead, see if there is a broad definition of theft of company property.
If there’s no specific provision under the company’s code of conduct, the appropriate reference is Article 291 (formerly Article 282) of the Labor Code, under which management can apply the rules on serious misconduct, fraud or willful breach of trust, or “other causes analogous” to them.
In addition, management could also invoke Article 308 of the Revised Penal Code as a general reference.
STRICT RULE
In reality, bringing home some office supplies is a nonissue in many organizations. That’s because some managers are also guilty of the same offense. But then, what constitutes theft?
In the companies that I worked for before, the rules were clear — theft is theft, regardless of the value of office supplies or company property stolen. They are more pronounced under the following circumstances:
One is a general practice in the banking industry or other financial institutions. A good friend with more than two decades of HR experience in the banking industry told me of a case of a teller who “borrowed” $1.50 worth of loose coins from her cash box to buy something from an ambulant snack vendor, who had no loose change at the time.
Generally, such an amount is insignificant when compared to the value of office supplies that are often pilfered. Unfortunately for the teller, she was discovered after an audit, and her services were terminated after due process.
Two, depends on the rank of erring employees. Companies are stricter with those holding a position of trust, like a supervisor, manager, or even ordinary workers holding confidential and fiduciary positions.
Examples of the latter are those entrusted with company money or property like executive assistants, cashiers, bank or toll gate tellers, auditors, or property custodians.
However, in certain labor jurisprudence, termination of employment is not automatic for ordinary workers, especially when they have been in service for a long period with no prior derogatory record. They are allowed to invoke mitigating circumstance and are typically suspended without pay instead of dismissed.
Three, application of flexible penalties. This varies with the offender’s personal circumstances. Many codes of conduct allow for flexible penalties like suspension without pay for theft of insignificant value or allowing those involved to resign in exchange for an honorable dismissal.
Of course, if the amount is significant and taken fraudulently, the usual penalty is termination of employment, plus a criminal case to recover the amount of loss and payment of damages.
NAPAG-INITAN
In my close to 40 years of HR experience, I’ve seen cases being brought against employees and managers, not because of a genuine concern for the welfare of the organization but for personal, malevolent reasons. A case of napag-initan lang.
It happens when top management feels somebody must be off-loaded due to a personality conflict or as a cover-up for the boss’s gross incompetence.
I have also been consulted by HR managers who were told by their chief executive officer or senior management officials to fabricate a case against certain employees so they can be forced out.
Obviously, that’s wrong. My reply was that it’s better to use the “freezer” and keep from assigning them work until they hand in their resignations. Of course, this puts the organization at risk when these employees file a case of illegal dismissal.
It’s ultimately their call. If they think it’s wrong, then best not to do it. Resign to prove your point. It’s difficult, but I’m sure you don’t want to be a tool for wrongful persecution. Sooner or later, you’ll be the next target with that kind of leadership.
Bring Rey Elbo’s leadership program called “Superior Subordinate Supervision” to your organization. Contact him via Facebook, LinkedIn, X, or e-mail elbonomics@gmail.com or via https://reyelbo.com.
