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Appeals Court agreeswith me but no back pay

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1 Appeals Court agreeswith me but no back pay on Tue Jun 21, 2016 4:37 pm

mwlovin


Arresto Menor
I have  just been issued a decision by the  Appeals Court stating they confirm that I was illegally terminated...but considering  I had NO AEP they say I am not eligible for  back pay.,,,  How can this be...I am either  employed a fire illegally  or  not....no where does it say not having AEP exempts me for protection under Philippine  labor law.  The court commented that not having a AEP was my fault based solely on undocumented comments by the employer. I contend that in labor cases where (he said/ she said) the court is obliged by its  own rules  to rule in the favor of labor.
I want to take this to the Supreme Court. Any Pro-Bono takers?  Possible millions in back pay. 4 years @ P50k a month is owed

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council


Reclusion Perpetua
One of the Supreme Court rulings say -

Granting that there was a contract of employment executed by the parties, xxxxx failed to obtain a work permit which would have allowed him to work for any of the respondents. In the absence of such permit, the employment agreement was void and thus, could not be the source of any right or obligation.

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mwlovin


Arresto Menor
Thanks for your reply and opinion...but i am afraid I disagree and here is why
1. The penalty for not having an AEP is clearly defined in the labor code, if you are caught working without one...(a P10000 fine) NOT TERMINATION of Employment
2 . Labor Code defines "employed" as the payment and acceptance of wages ( I had receipts)
3. The Appeals Court stated I was indeed illegally terminated...so it cannot be be that no AEP voided the employment.
4. The suggestion that it is the sole responsibility of the employee to obtain the AEP is ludicrous considering one cannot get an AEP and then look for work...a company sponsor is required for the processing of the application.. (have a look at the AEP application)
5. What incentive is their for ANY company to even get an AEP? In this way they have no responsibility to care for and treat employees within the rules of labor code.... If they get the AEP they must pay P10,000 a year and be responsible for labor rules, and in most cases responsible for repatriation, but if they ignore the AEP, it leaves the company blameless and sets a condition where its beneficial for a company to avoid responsibilities.
The interpretation that the employee must obtain the AEP before working is not well thought out on instruction...the mechanics of this is not actually possible as I have shown.
so yes these are points would ask the SC to rule on. Please reply if you can.

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council


Reclusion Perpetua
Please clarify your situation.

Why were you terminated? On what grounds? Was due process observed?

Did you have an AEP at any time while employed?

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mwlovin


Arresto Menor
Original Labor Board arbitrator case they did not give a reason...Secondary in my 1st appeal they said it was the AEP but no documents existed to show they followed labor code for Termination . The Appeals Court agreed and stated " ...the lack of AEP is neither a consideration or just cause to terminate his foreign employee".

But when considering my appeal they stated: ....however the complainant is noteledible to full benefits because he did not have an AEP

I think this contradicts the Appeals Court own decision....if i am legally employed and then illegally terminated...how can lack of AEP be considered when paying just and proper wages under the Labor Code....no where does the law indicate this....

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council


Reclusion Perpetua
Let's go back further.

What did your employer say to you about your employment? Why did they end it?

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mwlovin


Arresto Menor
Manager SAID to me: "The owner wants you to stop work." I said why, she said "I dont know." "You can work another month if you want, sorry I should have told you earlier". I declined the offer.due to hostile working conditions......as I stated the APPEALS Court already stated in thier decision I was employed and I was illegally fired (no due process or procedure that is required and that AEP is not a just reason for termination).....then they went further and said no back wages due to no AEP.....its crazy and contradict their own ruling

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