I am an employer, our company in Las Pinas, is a barangay micro enterprise. usually we are hiring, undergrads, over-age, mga desperate na for work, mga taong na retrench at mga taong tambay lang. Our company is legit, complete with docs, pero not so sturctured when it comes to HR guidelines, memo-issuances & contracts issuances. Our work is in the electrical fiedl mostly, project-based, seasonal in nature. We hire contract workers, mga pakyawan, arawan. We tell the workers about the tenure of their work, na pag may trabaho, may pasok. So, most of them are "no work, no pay"..Our regular staff is 10 & below only.
This 2nd Qtr of the year we rehired a foreman, he has been with us on & off, puro seasonal work lang. He is aware of that, and he is aware na wala siyang deductions, whatsoever. So, he gets his pay P15k a month, na buo. Siya mismo nagsabi sa amin na ayaw niya magpa deduct.
However, last August 1, pinagpahinga muna namin siya, dahil bukod sa wala pa siyang gagawin, ay nainis kami sa kanya dahil sa di niya pagpapa alam na di siya papasok. Lagi niyang ginagawa dati, pero we never issued a memo to him. Puro verbal reprimand lang.
Now , he filed a complaint in NLRC for illegal dismissal, asking for back wage & benefits. Ang di lag namin naibigay sa kanya so far is his 13th month pay. We have a copy of a contract he signed last 2010 that he is a "project-based & seasonal worker " only. After that, wala na kami na issue sa kanya, even if we are getting him on & off.
Questions: Are we liable to pay him the back wage since August? may illegal dismissal ba para sa mga seasonal worker?
Do we have to pay him back the SSS benefits, when we did not deduct any from him? Can I get a copy of a position paper, so I can copy the format pls.
pls. advise. Thanks.