Dear friends,
The Asian Human Rights Commission (AHRC) writes with deep concern regarding the failure by a government labour office to ensure that a truck driver, who was illegally terminated by his company without due process, receives his separation pay. The labour office failed to ensure that his company complied with an agreement it made over a year ago that it would pay their employee.
CASE DETAILS: (Based on the testimony of the victim)
On January 31, 2013 at 4pm, Jovito Alquizar (40) was informed by his superior, Jaon Jaco-Opong, via an SMS that his service with the company, KCC Mall, has ended. Jaco-Opong is the complaint supervisor in the logistics department. KCC Mall is one of the biggest chains of shopping malls in southern Mindanao.
In her SMS to Alquizar, Jaco-Opong wrote (at p. 2):
Sir, nagpasalamat og dako ang KCC sa imong tabang. Karon Lang ka taman nga adlaw wala nakoy time nga maestorya taka og personal. Salamat kaayo sa inyong tabang. Tnx (Sir, the KCC would like to thank you for your help. Today is your last working day. I don’t have time to talk to you in person. Thank you for your help. Tnx (unofficial translation from Cebuano)
Alquizar was first employed in December 1, 2009 as an “all around driver”. While in service, Alquizar’s status was a casual employee, and in the early part of his employment he was receiving a salary below the minimum wage in General Santos City. Under the Labour Code provision Book 6, Article 281, that employees working beyond six months for an employer, shall be “considered a regular employee.”
Alquizar’s contract was continuously renewed for the next three years; however, he was not absorbed as a regular employee. In fact, he was terminated without due process when he started asking his company why they had not absorbed him as a regular employee yet.
On February 26, 2013, Alquizar and Christopher Fuestespina, his former co- employee who testified for him, appeared before the Department of Labor and Employment (DoLE), Region XII, in General Santos City, in an arbitration hearing. After the meeting, Alquizar and a representative from company reached an agreement mentioned in the minutes.
After the meeting, Condrado Artatez, an officer from the DoLE, indicated in the minutes of the meeting on what both parties have agreed:
The workers decided not to return to work (for fear of reprisals); but, instead demanded for 13th month pay, holiday pay, separation pay, and requested the management to please give copies of their pay slip with all the deductions indicated.
It is hereby ordered that the management representative be firm that payment of all claims be due and payable on the next schedule March 5, 2013 @ 10am before the undersigned.
When both parties could not reach a settlement, say enforcement of their earlier agreement, the case was endorsed to the National Labor Relations Commission (NLRC), Sub-Regional Arbitration Branch Region XII in General Santos City. The NLRC is a government agency attached to the DoLE.
Thereafter, the office of the National Labor Relations Commission (NLRC), an agency under the DoLE, requires both Alquizar and KCC Mall to submit their respective position papers. The order for KCC Mal was issued on February 21, 2014 while the order for Alquizar was on March 5, 2014.
As of May 8, 2014, over a year after their meeting, the separation pay that Alquizar’s company earlier agreed to give has not been given. The NLRC also have yet to examine the position papers the two parties have submitted.
SUGGESTED ACTION:
Kindly urge the concerned authorities listed below requesting for their intervention so that the a proper investigation about the matter is done. The illegally terminated workers should afford their due wages and other benefits from the employing authorities.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………,
PHILIPPINES: Labor department fails to ensure an illegally terminated worker is paid separation pay promptly
Name of worker illegally terminated: Jovito T. Alquizar, 40 years old, of Zone 7, Block 3, Barangay Fatima, General Santos City.
Name of his former company: KCC Mall of General Santos City
Status of the case: Jovito Alquizar worked as driver for his company from December 1, 2009 to January 31, 2013. His employment was terminated without just cause and the procedure was arbitrary. In February 2013, he filed a complaint with the Department of Labor and Employment (DoLE) demanding for payment of his separation pay; however, his company has continuously failed to do so.
I am writing to draw your attention to the case of Jovito Alquizar, a truck driver who was illegally terminated by his employer, KCC Mall of General Santos. He worked in his company for a continuous period of three years; however, on January 31, 2013, one of his superior informed him via an SMS that it was his last working day.
In her SMS to Alquizar, Jaco-Opong wrote:
Sir, nagpasalamat og dako ang KCC sa imong tabang. Karon Lang ka taman nga adlaw wala nakoy time nga maestorya taka og personal. Salamat kaayo sa inyong tabang. Tnx (Sir, the KCC would like to thank you for your help. Today is your last working day. I don’t have time to talk to you in person. Thank you for your help. Tnx (unofficial translation from Cebuano).
On February 12, 2013, Alquizar filed a complaint questioning the legality and procedure of his termination, and he demanded for payment of his separation pay, his 13th month pay, holiday pay and requested the management to give him copies of his pay slip. After an arbitration hearing was held on February 26, 2013, both parties agreed that the company that Alquizar would be paid due to him on March 5, 2013.
However, over a year after the said meeting, the company has failed to comply with their agreement. Also, the Department of Labor and Employment (DoLE), who had given orders that the company would give payments due to Alquizar, also failed in ensuring that the separation payment is given to the employee as it was agreed.
As of May 8, 2014, I have learned that the case has been endorsed to the National Labor Relations Commission (NLRC), an arbitration agency attached to the DoLE. The NLRC has also required both parties to submit their position papers, which contains their demands and argument regarding the case.
While I appreciate the endorsement of this case to the NLRC; however, I am disappointed by the inability by the DoLE, notably its representative in General Santos City, to ensure that the complainant’s company complies with its agreement. The failure of the DoLE and the continued delay of this case with the NLRC is a matter of concern.
As you would understand, the illegal termination, by way of an unjust and arbitrary process, of the complainant from his employment is unacceptable. This illegal termination of him from employment has also caused suffering on his part, notably his income. I understand that Alquizar has refused the company’s offer to be reinstated to work, for fear of reprisal; but it must not excuse the company from complying with its legal obligations.
I trust that you take prompt action on this matter.
Yours sincerely,
———-
PLEASE SEND YOUR LETTERS TO:
1. Mr. Benigno Simeon Aquino III
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80
Email: corres@op.gov.ph /opnet@ops.gov.ph
2. Ms. Loretta Ann Rosales
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Fax: +63 2 929 0102
Tel: +63 2 928 5655 / 926 6188
E-mail: chair.rosales.chr@gmail.com
3. Mr. Patricio L. Blanza
Director II
Department of Labor and Employment
Sargen Field Office
South Osmena, St., Genereal Santos City
PHILIPPINES
Telefax: (083) 552-3952
Email: dole12.sargen@gmail.com
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
