March 7, 2018

Edgar Guiling
General Manager - Chateaubriand
Roxas Blvd., Pasay City

Dear Sir:

This letter raises a formal grievance concerning not only the termination of my
employment based on a Memorandum dated March 5, 2018 but also underpayment of
wages and non- payment of statutory benefits such as SSS, Philihealth, and PAG-IBIG.

Said Memorandum states that my training period has ended effective March 6,
2018 and that I should wait for further advice if and when I return to work. Such advisory
is without a definite period and assurance which strikes to me as odd considering I am
already an employee under training, performing activities that are usually necessary and
desirable to the restaurant and fine dining business. I also find it curious that you hinted,
if not encouraged, for me to look for other employment considering that I am already
employed by Chateaubriand and that I have not been evaluated nor have been subject
for termination.

The terms of my employment agreement, a copy of which is enclosed, detail

categorically that I am employed as a receptionist and will be subjected for training for
one (1) month specifically from February 5, 2018 until February 28, 2018 which may be
extended to forty five (45) days. Hence, after the One month period of training, and
without advised of an extension, it is highly presumed that the training period is over (as
stated in the Memo), and therefore I may be subjected to an evaluation but not
dismissal, constructive or otherwise, and it is clearly stated on the employment contract
that I can only be terminated for cause in relation to my performance as a receptionist or
causes provided for by law after due notice.

Being employed is different from being under a training period because it is

presumed that the latter cannot exist without being employed first. It is also the same
from being in a probationary status for it cannot exists without being employed first.

As already stated, I am performing activities that are usually necessary and

desirable to the usual course of business of Chateaubriand that is being a receptionist. I
was hired as such in November 2017, signed an employment contract, compensated for
the work done, although underpaid, and in constant control of management, performing
work based on a set of rules, regulations, and guidelines provided by management.
Clearly an employer-employee relationship exists hence I cannot be dismissed without
just or authorized cause.

As an employee I am entitled not only to security of tenure, but also payment of

minimum wage and other statutory benefits such as SSS, Philhealth, and PAG-IBIG
which up until today I have yet to receive. I am formally demanding payment of
minimum wage and payment of my statutory benefits.

The reasons for my dismissal (whether constructive or blatant termination)

through a Memorandum remain unknown to me. As stated in the enclosed employment
agreement I am entitled to know the reason behind my termination. Moreover, the
agreement promises a hearing involving my supervisors and other representatives from
EMPLOYER.

I respectfully request that this hearing take place as soon as possible, or have
my work during training be evaluated by an independent and non-biased panel. I will
expect a reply to this letter within the next Five (5) days. Should I not receive a suitable
reply, I will be forced to consider other legal remedies that may be at my disposal.

Sincerely, 

Judy Ann SANTOS

CC:

Mr. Rex Yoon

Mr. Kim Daehyun