8/11/2019 Resolved Cases Under NLRC Digest

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Resolved Cases Under NLRC

1. Lorenzo L. Mendiola vs. Divine Rock Security, Inc., Felvino G. Cannu

NLRC RAB CASE NO. NCR-10-14809-12

Nature of the Case:

Complaint for underpayment of salary, non-payment of overtime pay, holiday pay, service incentiveleave pay, 13thmonth pay, night shift differential and attorneys fees.

Facts:

On April 9, 2011, complainant Mendiola started his employment as security guard with respondentsecurity agency and received a salary of Php 7,200 per month for a 12-hour shifting duty fromMonday to Sunday. Mendiola allegedly discovered that his salary pegged at Php7,200 per month fora 12-hours work is way below the minimum wage rate. Compalinant asked for a leave of absence

from October 1, 2012 to October 10, 2012 and no longer reported back to work after his leave.

Issue:

Whether or not complainant is enitled to his money claims.

Ruling:

The Labor Arbitration Court resolves he issues in favor of the complainant as regards his claims forunderpayment of salary and non-payment of service incentive leave pay, holiday pay an 13thmonthpay, which are not disputed at all by the respondents. The defense of respondents that they paid a

monthly salary of Php7,200 to complainant because it is the sum paid by their client is untenable.How can respondent afford to continue their business as a security agency for years if the entirecontract proce paid by their client is also the same amount they paid to complainant as the securityguard they posted for their client? At any rate, the amount charged and actually received byrespondents from their client is of no legal importance in the case. What is relevant is the undisputedfact that the salary received by the complainant is below the legal minimum wage of Php 426 per dayor about Php 11,076 per month (P426x 26 days).

The Labor Arbitration Court considers the filing of the complaint as a formal demand forrespondents to pay what is legally due to him. Thus, the underpayment of salary and the non-payment of the undisputed labor standard benefits by October 01, 2012 (the date of filing thecomplaint) are computed and judgment is rendered ordering respondent to pay complainant the total

amount of Php 81,568 for the underpayment of wages, unoaid holiday pay, unpaid 13thmonth payand unpaid service incentive leave pay.

2. Evaresto P. Baldemor vs. Northern Satr Onvestigation Security Agency and/or Ardelinda U. Rosales

NLRC-NCR- CASE NO. 11-16569-12

8/11/2019 Resolved Cases Under NLRC Digest

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Nature of the Case:

Complaint for illegal dismissal, underpayment of salary, non-payment of overtime pay, holiday pay,holiday premium, rest day premium, service incentive leave pay, 13thmonth pay, separation pay,emergency cost of living allowance(ECOLA), damages and attorneys fees.

Facts:

Complainant alleged that he was hired by the Respondents on October 31, 1999 as one of theirsecurity guards and was paid an hourly rate of Php 233. Respondent was required to work 12 hours aday, 7 days a week and was dismissed on December 5, 2011.

On December 10, 2011 complainant reported to the office of Northern Star to personally file hisvoluntary resignation and submitted his documents management copy. Complainant signed aquitclaim and release with waiver of Rights/ Actions.

Issue:

Whether or not complainant was illegally dismissed and is he entitled to other monetary claims.

Ruling:

From the evidence on record, complainant executed a resignation letter which was further supportedby the Clearance Certificate and Quitclaim Release with Waiver of Rights/ Actions. Complainant didnot deny the genuineness of his signatures in the documents described and that there is no showingthat h was compelled or threatened to affix his signatures on said resignation letter, clearance formand affidavit of release with Waiver of Rights/ Actions. Complainant knew the consequences of his

acts as he has been a security guard for several years.

As to the monetary claims, Respondent have presented payrolls showing that Complainant was paidin accordance with the minimum wage and he was paid of benefits under the law. Decisions rendereddismissed the case for lack of merit. So ordered.