Position Paper Sample

Republic of the Philippines
Department of Labor and Employment

NATIONAL LABOR RELATIONS COMMISSION
REGIONAL ARBITRATION BRANCH NO. IV
Calamba City
JULIET S. BACLAS
Complainant,
NLRC-NCR CASE NO. RABIV-02-00236-13-C
- versus CIRCLE ISLAND RESORT, ET.AL,

Respondents.
X ---------------------------------------------- X
POSITION PAPER FOR THE RESPONDENT
COMES NOW, the Respondents through the undersigned counsel in the
above-entitled case most respectfully submits this Position Paper.
PRELIMINARY STATEMENT
Contracts of employment for a fixed period are not unlawful; employers
have the right and prerogative to choose their workers. The law, while
protecting the rights of the employees, authorizes neither the oppression nor
destruction of the employer. When the law angles the scales of justice in
favor of labor, the scale should never be so tilted if the result is an injustice
to the employer.
In this case, Complainants contract provided for an expiration date, she
knew from the beginning that the employment offered to her was not
permanent but only for a certain fixed period. She was free to accept or to
refuse the offer. When she expressed her acceptance, complainant bound
herself to the contract.
This is a complaint for illegal Dismissal with claim for underpayment

of salary , 13th month pay, holiday pay , overtime pay , holiday pay and
service incentive leave and separation pay
filed by Juliet Baclas against
the officers of Circle Island resort.

STATEMENT OF CASE
Complainant, JULIET S. BACLAS was employed as a kitchen helper under
a fixed term contract by the CIRCLE ISLAND RESORT located at Molino
Bacoor, Cavite. Since complainants husband is a driver in one of the
resort partners hardware business and due to the fact that complainant
would just linger in the resort
and to augment her family income ,
complainant was contracted to work for a fixed term employment of FIVE

MONTHS despite her lack of training . Being the wife of another employee,
she enjoyed certain privileges, foremost of which is the renewal of her
contract upon its expiration which does not hold true with other contractual
employees of the resort.
During her employment with the Resort , there were several times that
complainant was verbally reprimanded for various infractions like not
following the standard ingredients of a specified meal, serving food without
the required presentation and garnishing , using kitchen utensils for her own
personal use , lack of cleanliness and failing to monitor stock inventories.
Owing to the weak business climate , brought about by several newly
opened resorts which are in direct competition with
the Company ,
Management decided to cut on operating costs and one of the measures

undertaken was to implement an ATTRITION policy and to let go of excess
personnel, when Complainants contract expired it was decided that it will
not be renewed , hence on January 31, 2013 , complainants employment
with the Resort ended.
It therefore came as a complete surprise that complainant filed this case

before the Labor Arbiter
claiming that she was illegally dismissed and
claiming all sorts of benefits which allegedly she was underpaid.

ISSUES
1.
Was Complainants dismissal by the Company illegal?
2.
Is complainant entitled to her claim of separation pay and
underpayment of salary and other benefits?

DISCUSSION
I
Whether or not Complainant was illegally dismissed?
In the instant case , complainant WAS NOT illegally dismissed, in the first
place there is NO DISMISSAL , LAY-OFF or TERMINATION to speak
of , complainants separation from service was brought about by the
EXPIRATION
OF
HER
CONTRACT
OF
EMPLOYMENT.
Complainant knew from the beginning that the employment offered to her
was not permanent but only for a certain fixed period. She was free to
accept or to refuse the offer. When she expressed her acceptance,
complainant bound herself to the contract. (Copy of complainants last
employment contract hereto attached as Annex A.)
Fixed term employment is recognized under our laws thus:
The foregoing contemplates four (4) kinds of employees: (a) regular
employees or those who have been "engaged to perform activities which are
usually necessary or desirable in the usual business or trade of the
employer"; (b) project employees or those "whose employment has been
fixed for a specific project or undertaking[,] the completion or termination of
which has been determined at the time of the engagement of the employee";
(c) seasonal employees or those who work or perform services which are
seasonal in nature, and the employment is for the duration of the season; and
(d) casual employees or those who are not regular, project, or seasonal
employees.
Jurisprudence has added a fifth kind a fixed-term employee.

(Underscoring ours)
Asia World Recruitment Inc. v. NLRC, 371 Phil. 745, 755-756 (1999); Palomares v.
NLRC, (5TH Division), G.R. No. 120064, August 15, 1997, 277 SCRA 439, 447-449;
Brent School, Inc. v. Zamora, 260 Phil. 747, 758-762 (1990).. St. Theresas School of
Novaliches Foundation v. NLRC,
The fixed period of employment was agreed upon knowingly and voluntarily
by the parties, without any force, duress or improper pressure being brought
to bear upon the complainant and she was not force or coerce or there were
no means employed
to vitiate her
consent , as previously stated
complainant is always lingering in the resort , wandering aimlessly ,

Management out of pity and to help the family of an employee augment
their income , engaged her services despite her lack of skills , to make her
time more productive. Now, the Company is being sued for this.
Likewise, complainants separation from service cannot be considered a ploy
to circumvent her right to security of tenure thus:
It does not necessarily follow that where the duties of the employees consist
of activities usually necessary or desirable in the usual business of the
employer, the parties are forbidden from agreeing on a period of time for the
performance of such activities. Thus, in St. Theresas School of Novaliches
Foundation v. NLRC, we held that a contractual stipulation providing for a
fixed term of nine (9) months, not being contrary to law, morals, good
customs, public order and public policy, is valid, binding and must be
respected, as it is the contract of employment that governs the relationship of
the parties. St. Theresas School of Novaliches Foundation v. NLRC, 351 Phil. 1038,
1043 (1998). (Underscoring ours)
In the instant case,

fixed period,
Complainants employment with the Resort was for a
it was known to the complainant at the time of her
engagement, it was thoroughly explained to her , and she gave her consent
and concurrence by affixing her signature on the contract and in doing so ,
the
parties were bound by the stipulation on the contract which the
Company completely complied with in good faith ,
the relationship
between the parties ENDED on the expiration of the employment period ,

hence complainant was not DISMISSED or TERMINATED from service.
II
Whether or not complainant is entitled to her claim of separation pay
and underpayment of salary and other benefits?
The grant of separation pay or backwages to complainant has no basis in
fact and in law , owing to the fact that complainant was neither dismissed
nor terminated from work , her separation from service brought about by the
expiration of her period of employment.
Complainants claim of underpayment of her salary has likewise no basis ,
she was being paid the mandatory minimum wage
stipulated in her contract,
which was clearly
copies of the payroll covering the periods
October 2012 to January 2013 hereto attached as Annexes B, C,D, E, F, G ,

H and I .
Complainants claim for underpayment / non-payment of other benefits has
likewise no basis, it was based merely on the checklist indicated on the
complaint form which interestingly, complainant has amended on several
occasions, being unsubstantiated the claim should likewise be denied.
Complainant in claiming these benefits would like to give the impression
that she worked 365 days and on a 24 hour basis, she was fully compensated
on the days she rendered overtime and on the days she worked on holidays.
If indeed, she was not paid or underpaid these benefits she could have
demanded these earlier or filed an earlier complaint, but she chose to
incorporate these as a sweetener to her complaint.
The truth of the matter was that, after the end of her shift , complainant has
this habit of staying on in the resort while waiting for her husband , and in
staying she would volunteer to help the staff , she was doing this on her
own volition on her own free time , she was NOT officially required to
render work in EXCESS of her official working hours , complainant
know that an overtime requests requires a signature from the authorized
company signatory , an employee cannot just render overtime /holiday work
when they desire and in this case complainant on her own free will opted to
stay in the resort on times she deemed convenient for whatever personal
reason and it would be the height of injustice if later on the Company
would be compelled to compensate her for this.
The foregoing considered Respondents merely implemented what is
stipulated in the contract of employment and exercised the same in utmost
good faith and not to circumvent the right of the Complaint.
Respectfully Submitted
June 28, 2013
City of Calamba Laguna
LUISITO T. GAUDIER
Counsel for Respondents
MBA Building
141 Evangelista St. Bacoor, Cavite
Roll No. 53656
PTR No. CAV 2874671 1/2/13/Cavite
IBP No. 908607 / 1/7/13 Cavite
MCLE Compliance No. III-0017772
VERIFICATION
Republic of the Philippines)
City of Bacoor
) S.S.
I, ANGELIQUE MATRIANO, of legal age, Filipino, and an
Administrative HR Assistant at Circle Island Resort with business office
located at Daaang Hari Molino Bacoor, Cavite, after having been duly sworn
to in accordance with law, depose and state that:
1
I am an Administrative HR Assistant of Circle Island resort with principal

place of business at Molino Bacoor, Cavite ;
2.
I am the duly authorized officer/agent of the said company to
file the instant position paper as evidenced by the special power of attorney
hereto attached as Annex A;
3.
I have caused the preparation of the foregoing Position Paper;
4.
The same and the contents thereof are true and correct based on
my own personal knowledge and belief;
.
IN WITNESS WHEREOF, I have hereunto signed this Verification
this ______ day of June 2013 in the City of Bacoor.
ANGELIQUE MATRIANO
Affiant
SUBSCRIBED AND SWORN to before me this ___ day of June
2013 at Bacoor City, affiant exhibiting to me her I.D with number
__________________.
Doc. No. _______;
Page No. _______;
Book No. _______;
Series of 2013

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Republic of the Philippines

Department of Labor and Employment

NLRC-NCR CASE NO. RABIV-02-00236-13-C

- versus CIRCLE ISLAND RESORT, ET.AL,

This is a complaint for illegal Dismissal with claim for underpayment

filed by Juliet Baclas against

the officers of Circle Island resort.

and to augment her family income ,

complainant was contracted to work for a fixed term employment of FIVE

Management decided to cut on operating costs and one of the measures

It therefore came as a complete surprise that complainant filed this case

claiming that she was illegally dismissed and

claiming all sorts of benefits which allegedly she was underpaid.

Was Complainants dismissal by the Company illegal?

Is complainant entitled to her claim of separation pay and

underpayment of salary and other benefits?

Jurisprudence has added a fifth kind a fixed-term employee.

consent , as previously stated

complainant is always lingering in the resort , wandering aimlessly ,

In the instant case,

Complainants employment with the Resort was for a

it was known to the complainant at the time of her

parties were bound by the stipulation on the contract which the

Company completely complied with in good faith ,

between the parties ENDED on the expiration of the employment period ,

which was clearly

copies of the payroll covering the periods

October 2012 to January 2013 hereto attached as Annexes B, C,D, E, F, G ,

I am an Administrative HR Assistant of Circle Island resort with principal

I have caused the preparation of the foregoing Position Paper;

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