However it may also be caus by faulty performance of work i.e. unconscientious careless or inconsistent work with the orders of superiors B. Wagner in Labor Code. Commentary. The analyz provision un doubtly allows the employer to refuse to pay or ruce remuneration only for defective performance of products or services due to the employee's fault and not for defective performance of duties by the employee or inconsistent with the provisions of law or the employment contract.
As a rule the employee is liable for the defective result of producing a product or providing a service provid that it is the result of poor quality of philippines photo editor his work. It should be remember that circumstances such as fatigue workload lack of appropriate qualifications may exclude the employee's fault from the defective work perform in a given workplace. The employee will not be entitl to remuneration for defective performance of a product or service regardless of whether the employer suffer damage as a result. The rule is that an employee is not entitl to remuneration in whole or in part if due to his fault he produc a product or perform a service defectively which result in a ruction in the quality of the product/service.
However it should be remember that it is the employer's responsibility to prove the employee's guilt for the defective performance of employee duties; first of all the defective work must be the employee's fault both objectively and subjectively. The District Court in Gliwice indicat that in order to demonstrate that the plaintiff's work was defective the defendant should prove that the plaintiff had committ specific violations of design principles in such a way that any errors of the plaintiff could be verifi - first by an employee - and in the event of a lawsuit by the Court.
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