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TELE-SKILLS CALL
CENTER,
Respondent.
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POSITION PAPER
Respondent, by counsel respectfully states:
PREFATORY
While the Constitution and the labor laws admittedly protect the
interests of the labor, nonetheless it does not preclude, neither deny nor
destroy any rights available to the employer, especially if it is done for the
furtherance of its business interest or the same being done as a result of its
sound business judgment.
In the instant case, the actions of the employer 1 lies within the
bounds of the contract between the parties and a valid exercise of
management prerogative. Accordingly, since complainant herein is only a
mere trainee, who violated its standing training agreement, this present
Complaint should fall as there is no employer-employee relationship so to
speak at the first place.
THE PARTIES
3. This is the case of Illegal Dismissal and money claims for the
actual training days undergone by the complainant;
4. The case was set for final mediation last September 10, 2015 but
the parties failed to come up with reasonable Compromised Agreement,
hence, they were directed to file their respective Position Paper.
1
Referring to herein respondent
6. The terms of “Employee Agreement for Training” under
Termination of Training/Employment and Miscellaneous:
6. Miscellaneous
“..........FAIL: Failed Trainee will be
automatically terminated from the company.
Training days will not be paid”
The respondent told the complainant that she will look for a daytime
training schedule that will be more favorable to the complainant and to avoid
any untowards incident in relation to the complainant’s health conditions.
8. Considering the fact that the respondent finds it hard time to look
for an appropriate training schedule that would fit the health condition of
complainant, it took several days for it to call, informing the same about her
new training schedule. Unfortunately, when they already find an excellent
time that tailored fit for complainants, she never answered any of its call,
neither received a return call from her.
9. Three (3) months after the last training day of the complainant,
the respondent received a call from the NLRC Sub-Regional Arbitration that
there was a complaint against them and the schedule for the first (1 st)
mandatory mediation was set last August 26, 2015. The respondent where
shocked when the complainant joined the other former employees of the
respondent’s company in filing a labor case against the company.
ISSUES
ARGUMENTS/DISCUSSION
11. Settled is the rule that contract is considered valid until and
unless annulled by the competent Court for being contrary to law, moral and
public policy, it is considered as paramount law between parties that will
regulate their dealings.
Since the non-payment of the training fees is not unlawful or the same
does run counters with existing public policy, complainant herein should and
must supposedly bound by it.
In fact, the Labor Code sanctioned such provision with regards to any
training Contract entered by any prospect employee to her/his prospect
employer.
11. Miscellaneous
“..........FAIL: Failed Trainee will be automatically
terminated from the company. Training days will
not be paid”
The non-performance of an
obligation in an agreement
constitute a breach of contract and
the person liable for it cannot
unjustly enrich herself.
14. Article 1159 of the Civil Code of the Philippines provides that:
4
Refer to the Complainant
5
388 Phil. 571, 586 (2000).
“Obligations arising from contracts have the
force of law between the contracting parties and
should be complied with in good faith.”
17. The complainant knew that when the employer approached her to
change training schedule it is not a termination nor suspension of the
training but an effort to give her a favorable schedule. The filing of the
complaint in the first place shows the intention of the complainant that she is
no longer interested to return to work . By her own acts and unilateral
severance of the contract, that causes her not to avail the training fees agreed
upon;
23. It must be stressed that the evidence to prove this fact must be
clear, positive and convincing. The rule that the employer bears the burden
of proof in termination of contract finds no application here because the
respondents deny having terminated nor suspended the complainant.
Management prerogative
is an inherent right of the
employer.
29. There is no legal and factual basis for the complainant to hold
the respondents liable for the unpaid training days alleged in the causes of
action part of her pro forma complaint;
30. To stress: complainant was not terminated but was in fact given
the opportunity to finish the training period by rescheduling the same in
consideration of her health conditions the respondents in effect initiated
the rescheduling based on its sounds discretion. The training period as
part of the hiring process is always subject to the management
prerogatives.
Hence, the complaint for monetary claims shall be dismissed for lack
of factual and legal basis.
Service by Post
RELIEF
12
373 Phil. 179, 186 (1999)
WHEREFORE, it is most respectfully prayed that a Decision be
rendered by this Honorable Office
MARIANIE C. TANATE
PTR No. 3738164/ 1-14-2015/Iloilo City
IBP Lifetime Mem. No. 0986661/6-24-2015/Iloilo Chapter
Attorney’s Roll No. 63444
(Admitted to BAR in 2014; exempted until next compliance period)
MELCHOR C. VILLALOBOS
PTR No. 0349017/01-05-15/Pasig City
IBP No. LRN-0981340/01-05-2015/ Iloilo Chapter
Attorney’s Roll No. 61783
(Admitted to BAR in 2013; exempted until next compliance period)
That the same are true and correct of my own direct personal
knowledge.
Marianie C. Tanate
BIR TIN I.D. No. 298-101-191
ACKNOWLEDGMENT