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Complainant,
Respondents.
x--------------------------------------------------x
POSITION PAPER
(For the Complainants)
THE PARTIES
STATEMENT OF FACTS
The Complainant had worked for the respondent company since 2002
and only resigned from the company just last year, 2017. As a consequence of
her resignation, the complainant sought the following:
1. Backpay, which included her 13th month pay for the year 2017 and
monetary equivalent if her unused sick and vacation leaves.
2. Half of her 13th month pay (2016)
3. Tax Refund
3. Monetary equivalent of her unused sick leaves and vacation leaves
since 2002 when she first started working for the company.
ISSUES
In this regard, clearly the complainant was able to file a case on time.
3
Although the Labor Code does not exactly state when back wages should be
paid, it has been the government’s policy to ensure that the back wages are paid by
employers “within the reasonable time”.
According to law:
An employee who has resigned or whose services were terminated at any time
before the time for payment of the 13th month pay is entitled to this monetary
benefit in proportion to the length of time he worked during the year,
reckoned from the time he started working during the calendar year up to the
time of his resignation or termination from the service. Thus, if he worked
only from January up to September his proportionate 13th month pay should
be equivalent of 1/12 his total basic salary he earned during that period.
The payment of the 13th month pay may be demanded by the employee upon
the cessation of employer-employee relationship. This is consistent with the
principle of equity that as the employer can require the employee to clear
himself of all liabilities and property accountability, so can the employee
demand the payment of all benefits due him upon the termination of the
relationship.
Other reliefs just and equitable under the laws and jurisprudence are
likewise prayed for.
By: