Edi-Staffbuilders International, Inc. Vs NLRC G.R. No. 145587, October 26, 2007
Edi-Staffbuilders International, Inc. Vs NLRC G.R. No. 145587, October 26, 2007
Edi-Staffbuilders International, Inc. Vs NLRC G.R. No. 145587, October 26, 2007
vs NLRC
G.R. No. 145587, October 26, 2007
Facts:
Eleazar Gran was an OFW recruited by EDI-Staffbuilders International,
Inc. (EDI) and was deployed by Expertise Search International (ESI) to work
for Omar Ahmed Ali Bin Bechr Est. (OAB) in Riyadh. As part of the terms and
conditions of employment, Gran was to be paid a monthly salary of SR
2,250.00 (USD 600.00). After accepting the offer of employment, Gran signed
an employment contract that granted him a monthly salary of USD 850.00.
He questioned the discrepancy; however, OAB agreed to pay him USD
850.00. After five months, his employment was terminated. He received his
final pay of SR 2,948, and executed a Declaration releasing OAB from any
financial obligation or otherwise, towards him. Gran filed a complaint with
the Labor Arbiter for illegal dismissal and underpayment of wages. The Labor
Arbiter upheld the dismissal and ruled that there was no underpayment. The
NLRC reversed this decision. Upon reaching the CA, it upheld NLRCs
decision, and held that the Declaration signed by Gran did not bar him from
demanding benefits to which he was entitled. In this petition, EDI questions
the legality of award of backwages, stating as basis the Declaration signed
by Gran.
Issue:
Does a Declaration releasing an employer from obligations by a
terminated employee constitute a valid waiver and quitclaim?
Ruling:
No. The Court held that the salary paid upon termination was
unreasonably low, the payment of SR 2,948.00 is even lower than his
monthly salary of SR 3,190.00 (USD 850.00). If the Declaration is a quitclaim,
then the consideration should be much much more than the monthly salary
of SR 3,190.00 (USD 850.00)although possibly less than the estimated
Gran's salaries for the remaining duration of his contract and other benefits
as employee of OAB. A quitclaim will understandably be lower than the sum
total of the amounts and benefits that can possibly be awarded to employees
or to be earned for the remainder of the contract period since it is a
compromise where the employees will have to forfeit a certain portion of the
amounts they are claiming in exchange for the early payment of a
compromise amount. The court may however step in when such amount is
unconscionably low or unreasonable although the employee voluntarily
agreed to it. In the case of the Declaration, the amount is unreasonably small
compared to the future wages of Gran.
countenance the actuation of the company and the petitioner herein would
be violative of the employees' constitutional right to self-organization.
Registration of Labor organizations
TOYOTA MOTORS PHILIPPINES CORPORATION LABOR UNION vs
TOYOTA MOTOR PHILIPPINES CORPORATION
G.R. No. 135806, August 8, 2002
Facts:
Toyota Motors Philippines Corporation Employees and Workers Union
(TMPCEWU) filed a petition for certification election. Toyota Motor Philippines
Corp. Labor Union (TMPCLU) filed a motion to intervene with opposition,
claiming that the petition was premature due to an earlier resolution by the
Secretary of Labor ordering the conduct of a certification election among the
rank-and-file employees of TMPC represented by petitioner which was the
subject of certiorari proceedings before the Supreme Court and still awaiting
final resolution at the time; and, that the collective bargaining unit which
respondent TMPCEWU sought to represent violated the "single or employer"
unit policy since it excluded the rank-and-file employees in the other
divisions and departments in respondent TMPC. In said SC decision, the legal
personality of TMPCEWU was being assailed, its membership being
composed of supervisory and rank-and-file employees.
Issue:
Can a labor union not yet being issued with a certificate of registration
validly file a petition for certification election?
Ruling:
No. If a labor organizations application for registration is vitiated by
falsification and serious irregularities, a labor organization should be denied
recognition as a legitimate labor organization. And if a certificate of
registration has been issued, the propriety of its registration could be
assailed directly through cancellation of registration proceedings in
accordance with Arts. 238 and 239 of the Labor Code, or indirectly, by
challenging its petition for the issuance of an order for certification election.
In the present case, since TMPCEWU had not acquired legal personality for
the reason that its composition, being a mixture of supervisory and rank-andfile employees, it cannot validly file a petition for election, moreso can it
become a bargaining representative of the workers in the company.
Court did not apply such fact to the Payroll Manager and those working
with salary and compensation data, saying that the job does not
involve dealing with confidential labor relations information in the
course of the performance of his functions.