POSITION PAPERRepublic Of The PhilippinesNATIONAL LABOR

Topics: Employment, Employment compensation, Wage Pages: 2 (763 words) Published: January 5, 2015
POSITION PAPER
Republic of the Philippines
NATIONAL LABOR RELATIONS COMMISSION
REGIONAL ARBITRATION BRANCH
CEBU CITY
SERGIO B. REYES
Complainant,

--- versus ---

BURAUEN QUALITY BREAD BAKESHOP
Respondent

PREFATORY STATEMENT

STATEMENT OF FACTS:
A. the complainant was a formerly a regular employee of Burauen Quality Bread Bakeshop as a Baker , since January 1, 2003. B. the complainant worked for seven (7) days a week with no rest day or day-off. he worked for 9 hours a day with no overtime pay. C. the complainant also was made to work on holidays without holiday/premium pay, with the exception of the following holidays for which there was no work. D. the complainant's starting salary was P100.00/day. sometime in 2006 his daily wage was increased to P115.00 . In 2007 it was again increased to P120.00 until and the last raised was on 2010 which was P150.00 , until he was illegally terminated on December 6, 2010.

E. the complainant was also not given the yearly service incentive leave of five days with pay. F. On December 6, 2010, Complainant was verbally terminated without due process from his work, by the owner of the Burauen Quality Bread Bakeshop. G. the complainant was also not given 13th month pay for the year 2010. H.likewise, his salary for the period of December 1-6, 2010 was not given to the complainant.

ISSUES
1. WHETHER OR NOT THE COMPLAINANT WAS ILLEGALLY DISMISSED AND WHETHER OR NOT THE COMPLAINANT WAS AFFORDED THE PROCEDURAL DUE PROCESS.

2. WHETHER OR NOT THE COMPLAINANT IS ENTITLED TO SERVICE INCENTIVE LEAVE PAY, HOLIDAY PAY, REST DAY PAY AND OVERTIME PAY.

3. WHETHER OR NOT THE COMPLAINANT WAS UNDERPAID.

DISCUSSIONS :
On the First Issue
from the foregoing facts, It is clear that the dismissal of the complainant was illegal thus he should be paid of his separation pay as provided by law.Also no procedural process was accorded to him prior to his termination from service. Insofar as procedural due process is concerned,...
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