Dear Atty. Angela,

 

I was hired as a worker for a packing company doing job on a “pakyaw” basis. Even after a year of service, we receive below minimum wage salary, work for more than 10 hours per day, no leave entitlement, and our government contributions are not being remitted. Six of us workers went to DoLE to report our condition and the week after, the company guard is no longer allowing us entry to the factory without reason. We were told that we can still do “pakyaw” work but have to follow the rules. Can we file an illegal dismissal case?

 

Dina

***

Dear Dina,

Yes, even as a pakyaw employee (paid per output), you are entitled to due process and cannot be summarily dismissed.

There is illegal dismissal when an employer terminates an employee’s employment without a just or authorized cause, or without observing the proper due process of law. This includes termination for an alleged cause that does not exist, or even if the dismissal was for a valid reason but without following the necessary procedures.

In the case of Amor, et al. v. Constant Packing Corporation, G.R. No. 259988 (19 May 2025), the Supreme Court clarified that an employee who is able and willing to work is considered illegally dismissed if they are prevented from entering the workplace without a valid or lawful reason.

In your case, the company’s guard was no longer allowing you to enter the work premises without any valid reason and as such, this action amount to unlawful dismissal. There was no due process implemented by the company and you were deprived your right to work.

When the court finds the company to have violated the labor law, it will be directed to pay the workers separation pay and back wages from the time you were all prevented to work for no valid reason.

Atty. Angela Antonio