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Position Paper Labor
Position Paper Labor
RENATO RITO,
Complainant,
POSITION PAPER
MATERIAL DATES
STATEMENT OF FACTS
1
Respondent acknowledges that Complainant was a farm laborer at
Hacienda Santol doing seasonal work on a pakyaw basis, for which he was
paid the applicable pakyaw rates as prescribed by the Department of Labor
and Employment (DOLE) for agricultural workers in the sugar industry.
Complainant Rito began to work for Hacienda Sta. Maria sometime in
1982, when the hacienda has not yet been subdivided, until his retirement in
the year 2011.
Average Daily Salary Rate = Total Earnings for 2011 = P13,806.46 = P76.70
Actual days worked 180
ISSUES
2
Conditions- Department of Labor and Employment, specifically Chapter
14(D), which prescribes the manner of computation of “Retirement Benefits
of Workers who are Paid by Results”, to wit:
“For covered workers who are paid by results and do not have a
fixed monthly salary rate, the basis for the determination of the salary
for fifteen (15) days shall be their average daily salary (ADS). The
ADS is derived by dividing the total salary or earnings for the last
twelve months reckoned from the date of retirement by the number of
actual working days in that particular period, provided that the
determination of rates of payment by results are in accordance with
the established regulations.”
Mr. Monillo then multiplied the ADS by 22.5 days and 29 years, as
prescribed by Chapter 13(A) of the Handbook, and arrived at the amount of
P50,046.75. Mr. Monillo divided this amount by two, in consonance with the
practice in the sugar industry, for retirement purposes only, of taking into
account that seasonal workers only work for a fraction of the year and do not
work during the off-season, as opposed to regular workers who work for the
whole year. This practice is in accordance with the ruling of the Supreme
Court in the case of Bacolod-Murcia Milling Company, Inc. vs. NLRC,
(G.R. No. 84272, November 21, 1991), which states that:
3
often than not, he is allowed by his employer to seek employment
elsewhere during off-season or temporary lay-off for economic
necessity.”
Respondent has already paid the 13th month pay due to the
Complainant. Mr. Monillo who as farm secretary personally released the 13 th
month pay to herein Complainant and attests to the fact of payment. In
support thereof, Respondent respectfully submits the 13th month payrolls for
the years 2010 and 2011. (Annexes “A-1” and “A-2”, respectively) The
amount of 13th month pay paid to Complainant was based on the actual work
done by the Complainant for the applicable year, which in turn were based
on the pakyaw rates prescribed by the DOLE for agricultural workers in the
sugarcane industry. Entries in the payrolls, being entries in the course of
business, enjoy the presumption of regularity under Rule 130, Section 43 of
the Rules of Court, and are prima facie evidence of the fact of payment of
the 13th month pay to herein Complainant. As such, Complainants’ claim for
the payment of 13th month pay must be dismissed. (Kar Asia, Inc. vs.
Corona, G.R. No. 154985, August 24, 2004)
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Complainant’s wages and benefits in accordance with the rates and in the
manner mandated by the law.
PRAYER
Respondent prays for such other just and equitable reliefs under the
premises.
Copy furnished:
RENATO RITO
Bacolod City