You are on page 1of 1

January 12, 2018

Greetings!

Good day Mr. George Li, your employee, Mr. Melchor “Lang-Lang” Torrefiel approached and asked
guidance about his problems with respect to his employment with your company, GI Construction Supply. Apparently,
he was Illegally dismissed under the guise of redundancy and that he was under paid for 15 years including the non-
payment of his statutory benefits.

Upon thorough evaluation, you directly violated several laws, to wit:

1. Republic Act No. 6727 otherwise known as the “Wage Rationalization Act” as amended by R.A.
No. 8188. For your blatant failure to pay any of the prescribed increases or adjustments of wages
as indicated in the wage orders issued by the Regional Tripartite Wages and Productivity board for
the past 15 years. The penalties for said violation includes, but not limited to:

i. A fine of not less that Twenty-five thousand pesos (25,000.00) nor more that One Hundred
thousand pesos (100,00.00); or
ii. Imprisonment of not less that two (2) years nor more that four (4) years; or
iii. Both at the discretion of the court.

Moreover, you will be ordered to pay an amount double the unpaid benefits (Php 144,768.001)
owing to the employees. Because of double indemnity prescribed under R.A. No. 8188, you are
now liable to pay the amount of Php 289,536.00.

2. Article 294 (formerly 279) of Presidential Decree No. 442, also known as the “Labor Code of the
Philippines” as amended. Lang-Lang is a regular employee and has performed activities, as a
utility man, which is necessary or desirable in your business of construction supply for fifteen (15)
years. As such, he is a regular employee and thus entitled to the constitutionally guaranteed right to
security of tenure. Meaning, he cannot be terminated without any just or authorized cause. Lang-
lang simply notified you Mr. Li that he is taking his break. No resignation was made. However, he
was terminated without any just or authorized cause. Thus, he is illegally dismissed. As such, he is
entitled to Separation pay in lieu of reinstatement, including backwages, allowances and other
monetary benefits.

Mr. Li, on behalf of my client, I am asking you to reimburse him the amount of at least Two-hundred
thousand pesos (Php 200,000.00) as payment for the salary differential and separation pay he righfuly deserve. My
client is eager to press charges against you before the Labor Arbiter for money claims, before the criminal courts
for imprisonment and before the office of Mayor Rex Gatchalian for revocation of any permits granted unto you. I
suggest you settle this matter as soon as possible. This amount may multiply tenfold if awarded by the courts of law.
If this problem reaches before the Arbiter, the court and the Mayor’s office, It will trigger the inspection with respect
to taxes and compliances before the different government agencies. Court battle is a pain to deal with, and I suggest
you avoid said path. Please fell free to contact me with the provided details. Good day and godbless.

Atty. Jolet Paulo Dela Cruz Melchor “Lang-Lang” Torrefiel


delacruzpaulo191@gmail.com Client
09485535991
Counsel

1
Lang-Lang’s Salary differential from 2015 to 2017 based on Wage Orders 19, 20 and 21 computed as follows:

From 2015 to 2017 (36 months)

Minimum Wage – Php 463,008.00 (Php 150,072 for 2015; Php 153,192 for 2016; and Php 159,744 for 2017)
Actual wage – Php 318,240.00 (actually received)
Salary differential – Php 144,768.00

You might also like