🧮 | CPA

The #SupremeCourtPH (SC) has reiterated that preventing employees from entering company premises and doing their jobs, without a valid reason, is considered illegal dismissal.   In a Decision written by Senior Associate Justice Marvic M.V.F. Leonen, the SC’s Second Division upheld the labor arbiters’ ruling that 12 workers from Constant Packaging Corporation (Constant Packaging), a company that prints packaging materials, were illegally dismissed.   Constant Packaging hired the workers as sorters and packers on a pakyaw basis (paid per output). The workers later raised concerns about their below-minimum wage earnings, 12-hour work day, 7-day work week, non-remittance of their SSS, PhilHealth, and PAG-IBIG contributions, and delay in the release of their salaries. Constant Packaging responded by telling them to leave if they were unhappy with their working conditions. The workers filed a complaint with the Department of Labor and Employment. Soon after, the company security guard prevented them from entering the company premises, leading the workers to file a complaint for illegal dismissal. Ruling in favor of the workers, the SC clarified that an employee who is able and willing to work is considered illegally dismissed if they are prevented from entering the workplace without a valid or lawful reason.   In this case, the company’s security guard blocked the workers from entering the company premises without any valid reason. This action amounts to dismissal. Moreover, as the workers were suddenly dismissed without following the required procedures, their dismissal was unlawful. The SC thus ordered Constant Packaging to pay the workers separation pay, back wages, service incentive leave, and holiday pay. However, since the workers were hired on a pakyaw basis, the SC ruled that they are not entitled to 13th month pay. Read the full text of the Press Release at sc.judiciary.gov.ph/sc-preve…. Read the full text of the Decision at sc.judiciary.gov.ph?p=152126. Copying of this content is subject to the SC PIO’s Credit Attribution Policy: sc.judiciary.gov.ph/credit-a….