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Position Paper - Labor

1. The document is a position paper submitted by a complainant to the National Labor Relations Commission in the Philippines regarding a dispute with his overseas employer and recruitment agency. 2. The complainant alleges that he was deployed by the respondent agency in May 2017 to work in Saudi Arabia but did not receive his first full salary until July 2017, and was underpaid until November 2017. 3. In January 2018, the complainant's work permit was confiscated and he was expelled from his accommodation by his employer. He was eventually rescued and stayed in a shelter until returning to the Philippines in May 2018. 4. The position paper argues that the complainant was illegally dismissed and is entitled to compensation for the unexpired portion of his

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marie kris
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155 views3 pages

Position Paper - Labor

1. The document is a position paper submitted by a complainant to the National Labor Relations Commission in the Philippines regarding a dispute with his overseas employer and recruitment agency. 2. The complainant alleges that he was deployed by the respondent agency in May 2017 to work in Saudi Arabia but did not receive his first full salary until July 2017, and was underpaid until November 2017. 3. In January 2018, the complainant's work permit was confiscated and he was expelled from his accommodation by his employer. He was eventually rescued and stayed in a shelter until returning to the Philippines in May 2018. 4. The position paper argues that the complainant was illegally dismissed and is entitled to compensation for the unexpired portion of his

Uploaded by

marie kris
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as ODT, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

Department of Labor and Employment


NATIONAL LABOR RELATIONS COMMISSION
REGIONAL ARBITRATION BRANCH NO. 02
Tuguegarao City, Cagayan

x--------------------------------------------x

POSITION PAPER

Complainant (“Complainant”), by himself, and unto this


Honorable Office most respectfully submits his position paper and
states the following:

I.

PARTIES

1.1. Complainant is a Filipino, of legal age, and a resident of and may


be served with summons throught the undersigned counsel;

1.2. Respondent is a corporation duly registered with the Securities


and Exchange Commission, with its principal office ;

1.3. Respondent Jr. is a Filipino, of legal age, and may be served with
summons in the principal office of the agency above-mentioned.

II.

STATEMENT OF FACTS

2.1. On May 27, 2017, complainant was deployed by respondent


agency in Khamis Mishait K.S.A. to work as a heavy equipment
operator for Mohamed Al Dosry Contracting Establishment
(hereinafter referred to as the “Principal”). A copy of the
employment contract of complainant is attached hereto as Annex
“A”;

2.2. On May 28, 2017, complainant started working as a heavy


equipment operator with a salary of 1875 Saudi Arabia Riyal as
stated in the Overseas Employment Certificate attached hereto as
Annex “B”;

2.3. It was only on July 18, 2017 that complainant received his first
salary from the employer in the amount of 1,200 Saudi Arabia Riyal
despite working for almost 2 months already;

1
2.4. Due to the delay and underpayment of his salary, complainant
sought help from respondent agency but there was no response;

2.5. Complainant then had no choice but to continue working even


without receiving any salary for the months of August and
September;

2.6. On October 15, 2017, complainant received his second salary in


the amount of 1200 Saudi Arabia Riyal only. This prompted
complainant to apply for repatriation before the Philippine Overseas
Employment Agency in Tuguegarao City, Cagayan;

2.7. While waiting for the response of POEA – Tuguegarao City,


complainant continued working for the EMPLOYER;

2.8. Sometime in November 2017, complainant received his salaries


for the months of August, September and October but only in the
amount of 3600 Saudi Arabia Riyal;

2.9. On January 17, 2018, his EQAMA was confiscated by the


PRINCIPAL then forcefully expelled him and his workmate Michael
George Manaois from their accommodation;

2.10. Michael and complainant were offered accommodation by our


friend, Jomar Bugawan, for four days until they were rescued by the
personnel of Philippine Embassy. Thereafter, Michael and
complaianant stayed in the shelter being offered by the Philippine
Embassy from January 17, 2018 until May 8, 2018;

2.11. On May 10, 2018, complainant arrived in the Philippines.

III.

ISSUES

1. Whether or not Complainant was illegally dismissed.

2. Whether or not the respondent committed breach of


contract of employment.

3. Whether or not Complainant is entitled to the


unexpired portion of his contract.

IV.

DISCUSSION

RE: Whether or not complainant was illegally dismissed.

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4.1. Complainant was illegally dismissed when the PRINCIPAL
confiscated his EQAMA (work document) and expelled him from his
accommodation. The PRINCIPAL has no valid ground to terminate
complainant. Hence, the dismissal was illegal. Moreover, in the case of
PERT/CPM MANPOWER EXPONENT CO., INC. vs. ARMANDO A. VINUY, ET.
AL. (G.R. No. 197528, 5 September 2012), constructive dismissal or
discharge is defined as “a quitting because continued employment is
rendered impossible, unreasonable or unlikely, as, an offer involving a
demotion in rank and a diminution in pay.”

4.2. The non-payment of his salary from June to September 2017, in


addition to his living condition at that time, “complainant was compelled
by the dismal state of his employment to resign or give up his job;
effectively, he was constructively dismissed”. (PERT/CPM MANPOWER
EXPONENT CO., INC. vs. ARMANDO A. VINUY, ET. AL.)

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