Preventing access to workplace counts as ‘illegal dismissal’ — SC

THE Supreme Court (SC) ruled that preventing employees from reporting to work without a valid reason constitutes illegal dismissal.

In a 12-page decision promulgated on May 19 and made public on Wednesday, the SC’s Second Division, through Senior Associate Justice Marvic M.V.F. Leonen, upheld a labor arbiter’s finding that 12 workers of a printing company were unlawfully terminated.

The printing company, which produces packaging materials for consumer goods, had engaged the workers as sorters and packers on a pakyaw or piece-rate basis.

The workers had complained about their below-minimum wage earnings, despite their 12-hour work day and seven-day work week. They also noted delays in their salaries and non-remittance of their mandatory contributions.

In response, they were told to leave if they were unsatisfied with the working conditions and were later blocked by security guards from entering the company premises.

The company argued the workers were not dismissed and could return under the arrangement. The company also said they should have sought clarification with management instead of assuming termination.

The National Labor Relations Commission and later the Court of Appeals sided with the employer, ruling that “being denied entry did not amount to dismissal.”

The High Court disagreed, stressing that “an employee who is ready and willing to work but is prevented from doing so without lawful reason is deemed dismissed.”

It held that “blocking the workers’ entry constituted termination without due process.”

The SC ordered the company to pay the 12 workers separation pay, back wages, service incentive leave, and holiday pay, but clarified they were not entitled to a 13th month pay since they were hired on a piece-rate basis. — Erika Mae P. Sinaking