Labor Arbiter

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Sampang, Kayla Louise A.DS128
2009-03527SBYDX
BA OrComProf. Baguilat

NLRC NCR CASE NO. 07-07413-07October 3, 2007

ROMEO A. ESMER,
Complainant,
vs.
RITVIT CONSTRUCTION AND
DEVELOPMENT CORPORATION/
MR. BENITEZ C. ROQUE, JR.
Respondents,
x-----------------------------------------------------x

DECISION

SAMPANG, K.:
Petitioner Mr. Romeo A. Esmer filed a complaint for illegal dismissal with the Ritvit Construction and Development Corporation on July 27. It was against Mr. Benitez C. Roque, Jr., asking for all he deserves by law, for instance: payment salary differential, Service Incentive Leave, 13th month pay, Separation Pay, ECOLA and other benefits.

Based from the specific discussions and arguments both parties have provided, labor arbiter, Kayla Sampang, found the assertion of illegal dismissal filed by Mr. Romeo A. Esmer with the Ritvit Construction and Development Corporation against Mr. Benitez C. Roque, Jr., guilty on the argument of failure to pay the complainant within the dictated minimum wage in the NCR and failure to pay the complainant's monthly premiums on time. The complainant being underpaid, it is hereby well thought-out that Ritvit Construction and Development Corporation pay Romeo A. Esmer a total sum of P25, 000 representing the latter’s salary differential and other payment that ought to be covered and remunerated.

FACTS

Ritvit Construction and Development Corporation (Ritvit), a company engaged in construction business and is headed by Mr. Benitez C. Roque, Jr., is a domestic corporation legally operating under Philippine laws. It is ocated at 2nd floor, URCI Bldg., Real St., Pamplona, Las Piñas City.

Mr. Romeo Esmer, the complainant, first encountered Ritvit Construction and Development Corporation in September 1995, and at that time he was hired by the latter as a “helper.” After quite some time, he was promoted as a painter for various construction jobs of RITVIT. In the past 12...
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