NLRC to Banaue coop: Pay workers’ wages
>> Tuesday, November 8, 2022
BAYOMBONG, Nueva Vizcaya --- The National Labor
Relations Commission (NLRC) has ordered Tam-an Banaue Multipurpose Cooperative
(TBMC) to pay P1,049,545 in back wages, allowances and other benefits to three
employees who claimed they were illegally dismissed.
The cooperative is ordered to compensate Pepsi Altamirano who is entitled to an amount of P335,357; Jenni Camarillo who is entitled to P335,357; and Ruel Altamirano who is entitled to P378,829.
The cooperative is ordered to compensate Pepsi Altamirano who is entitled to an amount of P335,357; Jenni Camarillo who is entitled to P335,357; and Ruel Altamirano who is entitled to P378,829.
On Aug. 26, 2021, the
employees filed a case against TBMC for nonpayment of overtime pay, holiday
pay, separation pay and social security system, PhilHealth and Pag-IBIG
contributions benefits.
They also sought payment of separation pay, moral and exemplary damages, and attorney's fees for being illegally dismissed.
The decision of the NLRC Second Division dated Sept. 30, 2022, was ordered by Commissioner Charmalou Aldevera and concurred by Presiding Commissioner Julia Cecily Coching Sosito and Commissioner Nicolas Nicolas.
In her decision, Aldevera said the complainants were placed on floating status for at least 17 months when they filed their complaint on Aug. 26, 2021, or for at least 19 months before TBMC resumed operation in November 2021.
Citing Article 301 of the Labor Code, the decision said "complainants should have been either reinstated or permanently retrenched within six months from March 17, 2020."
"Respondents are held liable for constructive dismissal on Sept. 18, 2020 because they did not reinstate or permanently retrench complainants during the six-month period mentioned (i.e. from March 17 to Sept. 17, 2020)," the decision said.
Aldevera added that having been illegally dismissed, "complainants are entitled to reinstatement without loss of seniority rights and other privileges and to full back wages, inclusive of allowances and other benefits or their monetary equivalent computed from the time their compensation was withheld up to the time of their actual reinstatement."
However, Aldevera also noted that since complainants also prayed for an award of separation pay instead of reinstatement, hence, they are no longer entitled to reinstatement.
They also sought payment of separation pay, moral and exemplary damages, and attorney's fees for being illegally dismissed.
The decision of the NLRC Second Division dated Sept. 30, 2022, was ordered by Commissioner Charmalou Aldevera and concurred by Presiding Commissioner Julia Cecily Coching Sosito and Commissioner Nicolas Nicolas.
In her decision, Aldevera said the complainants were placed on floating status for at least 17 months when they filed their complaint on Aug. 26, 2021, or for at least 19 months before TBMC resumed operation in November 2021.
Citing Article 301 of the Labor Code, the decision said "complainants should have been either reinstated or permanently retrenched within six months from March 17, 2020."
"Respondents are held liable for constructive dismissal on Sept. 18, 2020 because they did not reinstate or permanently retrench complainants during the six-month period mentioned (i.e. from March 17 to Sept. 17, 2020)," the decision said.
Aldevera added that having been illegally dismissed, "complainants are entitled to reinstatement without loss of seniority rights and other privileges and to full back wages, inclusive of allowances and other benefits or their monetary equivalent computed from the time their compensation was withheld up to the time of their actual reinstatement."
However, Aldevera also noted that since complainants also prayed for an award of separation pay instead of reinstatement, hence, they are no longer entitled to reinstatement.
0 comments:
Post a Comment