Customer Service Associate’s Salaries and Backwages withheld
This is the question of indispensable importance in this case. In attempting to answer this, it needs to analyze circumstances often happening as a human experience.
Starting from when it all began, I was hired as a Customer Service Representative by Firstsource Solutions, LTD., with a starting salary of P18,000.00 plus allowances amounting to P3,000.00.
I was performing above the bar as I was regularized and was even working during Holidays, most especially Christmas and New Year. Rendering overtime was never in question as I had always volunteered to render extra hours. More that everything else, my slate was clean as no verbal nor written warnings have been given to me, all been said until I suffered from Cervical Radiculopathy. I had been certified by Rehab Specialist Dr. Pimentel to be ill and recommended Physical Therapy and other medications. He even gave a tentative date when I will be Fit to Work. Sadly, that date came too late as Firstsource Solutions, LTD had illegally terminated me, even as they have been properly notified of my illness and even as they are paying for my SSS Sickness Notification.
I immediately filed a labor case with the Department of Labor and Employment – MUNTAPARLAS, and they had set mediation dates which I attended and Firstsource Solutions, LTD never showed up. As they are a no-show, referral was sent by DOLE to NLRC.
I then filed a formal complaint against Firstsource Solutions, LTD at the National Labor Relations Commission, as the case was raffled to Arbiter Dolosa. Firstsource Solutions, LTD did not attend the scheduled mediation dates, filed their Position Paper late and in the essence of rendering proper judgment, the Hon. Arbiter accepted their submission. Finding that their decision to terminate me was illegal, judgment was rendered declaring Firstsource Solutions, LTD illegally dismissed me and reinstatement be done immediately. Sadly, backwages was not included in the decision.
I then timely filed for an appeal with the Commission, and that the commission found that I am entitled to backwages as mandated by the Labor Code of the Philippines. Sadly, with the decision of the Commission, the computation for backwages for my Allowance amounting to P3,000.00 per month was not included.
I also timely filed for a Motion for Reconsideration with the Commission as finally, a fair and sound computation was made, which also includes the backwages for my Allowance.
In the instant case, one thing is undisputed: I was Illegally Terminated and that I am entitled to Reinstatement and Backwages.
Now, going to the Reinstatement aspect. As Firstsource Solutions, LTD claims, I was allegedly reinstated, 31 July 2013 contrary to documentations issued by no less than Alynor Asis, Asst. Manager for Line HR, stating that I was provided information regarding said reinstatement, as both signed by me and Ms. Asis on 08 August 2013.
More than that, Firstsource Solutions, LTD is not aware that Mr. Andreau Garcia, the HR manager issued me a letter dated 08 August 2013, Re: Work Schedule, stating and I quote “Hi Neil Allan De Leon, In compliance to the reinstatement order of NLRC, we would like to inform you that you will start your training on Monday, (August 12, 2013) from 4pm until 1am MNL. Kindly report to Ms. Gary Chavez and/or Muddasser Khatry. If you have any question or clarification, please let us know. Cheers, Andreau Garcia HR Manager Firstsource Solutions Limited 0917-551-1748.”
Now during such time that they reinstated me, I was never reinstated to my former position as Firstsource Solutions, LTD only put me in “Training” from my Day 1 of reinstatement until 31 October 2013 as effective 01 November 2014, I was already verbally placed on FLOATING STATUS. During my reinstatement, I never got the chance to take in or make calls just like any other Customer Service Representative. I was never given Usernames and Passwords. I was never given any corporate access to the client. I was just placed in an isolated part of the office, all alone, without a soul nearby. Just a stone throw away from the CCTV, close enough to be monitored remotely. Even their trusted Quality Analyst, Mr. Ulrich Escobar started questioning me why am I not taking in calls. I just politely informed him that I do not have any system access.
Just after Super Typhoon hit the southern Philippines, the Office of Civil Defense called upon the National Service Reserve Corps and the AFP Reserves to render national assistance. I willingly rendered voluntary service as mandated by Republic Act Nos. 7077, 9163 and 10121, as both an AFP Reservist, an NSTP Graduate and Officer-2 (1LT) of the NSRC-OCD.
On December 1, 2013, Firstsource Solutions, LTD offered “TRAINING” schedules and I gladly came over. Sadly, I was hit by Measles on 03 December 2013 and due to the severity of the illness, I was confined at the Asian Hospital 18-20 December 2014. Several other illness occurred, all with proper documentations submitted to Firstsource Solutions, LTD. I kept on calling and presenting myself at the office but they informed me to wait until another training schedule will be available. Unfortunately, no notification arrived and I remained at FLOATING STATUS.
I was surprised to receive a Notice to Explain dated 20 March 2014, on 28 March 2014 via Registered Postal Mail. Be it noted that they brought such mail to the Muntinlupa Post Office only on 25 March 2014 and Las Pinas City Post Office received it on 27 March 2014.
A termination notice dated 27 March 2014 was sent by Firstsource Solutions, LTD and was received on 31 March 2014 via LBC.
Burden of proof lies to Firstsource Solutions, LTD as Proof of Service will show when they sent and when it was received.
In this instant case, Firstsource Solutions, LTD disputes the decision rendered by the Commission due to technicalities on the appeal prerequisites.
Reinstatement date as claimed by Firstsource Solutions, LTD was not factual as provided It was all a BIG FAT LIE.
Floating Status rendered by Firstsource Solutions, LTD was illegal. They kept documentations to themselves without providing the employees.
Mr. Andreau Garcia, Firstsource Solutions, LTD. HR Manager provided me the original signed copy of the document dated 08 August 2013 as he felt guilty with all the lies being made by Firstsource Solutions, LTD. I luckily bumped into him last week as I was about to proceed to HR and to follow-up on my unpaid salaries and wages. Sadly, I was not allowed to enter the office premises. I asked Mr. Garcia to provide me my copy of the reinstatement schedules. He requested that this be kept confidential as this is detrimental to the merits of their appeal and would jeopardize his job as HR Manager. I told him that I cannot do so as I only stand to what is true and just. He wished me luck as I acknowledged and went our separate ways.
As an honorable officer of the AFP and the NSRC-OCD, I am bound to tell only the truth. I sent out copies of the Memorandum of Appeal to both Firstsource Solutions, LTD and their counsel via courier Air21. Sadly, Air21 failed to deliver as the account was delinquent. No intent to defraud Firstsource Solutions, LTD most especially the Commission was made.
Up to date, Firstsource Solutions, LTD has yet to pay salaries and wages withheld.
This has been posted online for reference purposes only.
NEIL ALLAN C DE LEON
1st Lieutenant (Officer 2) NSRC-OCD
Republic of the Philippines
Department of National Defense (DND)
Office of Civil Defense (OCD)
National Service Reserve Corps (NSRC)
National Directorate Service (NDS)
Camp General Emilio Aguinaldo, Quezon City
Telephone No. : +63 (2) 504-0543
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Skype ID: neildeleon