Professional Documents
Culture Documents
of thc Philippinca
Depanment of Labor and Emgloym€nt
NANONA! LAAOR REIATIONs COMMISSION
aegional Arbitration Branch No. xlll
Butuan city
PREFATORY sTATEMENT
OF THE CAST
'ACT5
1. complainants are all working within the premiset of sRMl, a
mining company in Tubay, Agusan del Norte thev .re however under the
emplol of Asiapro Cooperative as allegedlY the latter being a legitimate iob
contractor of sRMt. Atthough confused, what matteE {or complainants is to
hav€ a work to sustain a living forthei.families-
tssuES
otscusstoN
rhe althotuea @lses fot rerhiturion .f enployee orc enuneruted lndet A^kle
23t ond 284 af the Lobot aade, os Iottows:
Disedse. Anenployet mdy tenin.te the setvices of dn enployee who hdr been
founa b be sufferin' ftotu ary atsease ond whote .oatinled enplaynenr is
ptahibired by ldw or i5 ptejtdkidl to his heahh os welt ot the heolth of hls .e
ro. r
:L is b:)r('equirement that before an erproyee (oJld be
dismissed by an employet they should first be a(.orded du€ process, orthere
should be a lust or authorized cause why they are severed from emplovm€nt
11. This being so, complainants are then entitledto claim for reliefs as
provided in the above-cited Article 279 of the Labor Code that an iilegally
dismissed emoloyee "shdll be entftled to rclnttatement withot t iost of senlorlty
rights ond othet priviletes dnd ro hls flll ba.kwdges, in tusive of allowan(es'
and to hls othet benelitJ or tt€lr morctary eqttkalenr .omPuted fro'n th. time
VERIFICATION
3. We have read its contents and affnm that tllallegations therein are
true and correct to tbe best of our personal knowledge and based on suthefltic
4. We have not commenced any a€tion or filed any claim involving the
same issues in any court, tribunalor qoasijudicial bodies, and to the best of mv
knowt€d8e no such other action or claim Pendins ther€in and if we should learn
thatthe same has b€en filed, we shall report the fad within five daYs the.efrom
to the court whereinthe initiatory pleadin8 has been filed-
(
vERul(th. ruMrrAREs RENA ciuzlovlTA,
RTPUBL PH L PPINs[' )
'OFTH!
Ear nF
' i: atrl Bltuan
SUBSCRIBED ANO SWORN TO SEfORE ME this
their Picture and
City, affiant exhibitjng to me their lDs as above stated, bearing
srgnature, sed'.8 as competent evidence of ther. identitv, known to me and to
me known to be the tame peEons who executed the foresoing and who
aLtnorledte that the tam€ is their voluntarv ad and deedz''
o". M !f