Republic of the Philippines

Department of Labor and Employment

NATIONAL LABOR RELATIONS COMMISSION

National Capital Region

Makati City

DORA REKLAMADORA,

                                Complainant,

 
   - versus -                                         NLRC CASE NO. RAB-III-03-42431-
20

MANLOLO CO., INC.,

                                    Respondent/s.

x------------------------------------x

POSITION PAPER

Respondent/Complainant representing himself (or through counsel)

and unto this Honorable Office most respectfully submits this position paper,
and states that: (Note: In cases before NLRC, non-lawyer appearance is
allowed provided that the non-lawyer represents himself as a party to the
case)

PREPARATORY STATEMENT

"The issue of whether or not an employer-employee

relationship existed between petitioner and
respondents is essentially a question of fact. The
factors that determine the issue include whho has
the power to select the emloyee, who pays the
employee's wages, who has the power to dismiss the
employee, and who exercises control of the methods
and results by which the work of the employee is
accomplished. "Reyes vs. Glaucoma Research
Foundation Inc., Et Al., G.R. No. 189255,
June 17, 2015. (Note: This is just an example-You
may insert jurisprudence ruling or law provision
that suits your arguments or side of the case)

Before this Honorable Office is a case of the alleged ___________.

(Note: This is where you will state the alleged violations claimed by the
complainant on his or her complaint)

As will be shown below, there is no employer-employee relationship

(Note: just for example) between the parties and the complainant’s claims
are nothing but baseless and unsubstantiated. Thus, the dismissal of the
complaint is warranted.

MATERIAL DATES
 

Pursuant to the Covid-19 Advisory No. 05 dated March 17, 2020, the
mandatory conciliation conferences for complaints filed with the Regional
Arbitration Branch that is scheduled during the quarantine period has been
terminated and as a consequence, the Honorable Labor Arbiter directed the
parties to submit their respective position papers within (15) calendar days
from receipt of the order.

THE PARTIES

Complainant DORA REKLAMADORA, (hereinafter referred to as

“Complainant”) is, on information, a Filipino, of legal age, with address at
________________________, where she may be served with notices,
orders, and processes of this Honorable Office.

Respondent MANLOLO CO., INC., (hereinafter referred to as

“Respondent Corporation”) is a corporation duly organized and existing under
the laws of the Philippines with business address at
_____________________. (Note: The respondent corporation is
represented by its officer, whose name is necessarily included in the
complaint. Thus you may also include in this section the name of the
corporation’s representative and his address as well as his position to the
company. You must include in Annex the proof of him being the corporation’s
representative. For example, you may state that: “The Respondent
Corporation is represented by its Corporate Secretary MARIA JOSE, Filipino,
of legal age, with address at ____________. The copy of her Certificate of
Employment is hereto attached as Annex “1”.”)

Respondent _____________ (name of Individual

Respondent, if there is any) (hereinafter referred to as “Respondent”) is,
on information, a Filipino, of legal age, with address at -
______________________, where he may be served with notices, orders
and processes of this Honorable Office.
 

STATEMENT OF THE FACTS AND THE CASE

This is a case of alleged (state the violations claimed by the complainant).

NOTE: In this section, you will state the factual antecedents leading to the
filing of the case. You must include those facts that are necessary and relevant
to the issues to be resolved. Of course, you are stating the facts that are
according to what your client is saying. If you represent yourself as a party to
the case, you just state the facts according to the best of your knowledge.
There are facts that need attachment of the annexes or documents to prove
that what you are stating is indeed the facts. Like in labor cases, for example,
the business registration document to prove the name and existence of a
corporation. In short, if you have anything there to prove the facts you are
claiming, just attach the same and declare as annexes.

            Do it in a paragraph form like this one. Make your statement of facts as
clear and chronological as possible according to the events that happened that
lead to the filing of the case.

Hence, this Position Paper. (to end and concludes the statement of the
facts)

THE ISSUE

Respondent/Complainant respectfully submits the following issue/s for

the resolution of the Honorable Commission:

 
 WHETHER OR NOT THERE IS EMPLOYER-
EMPLOYEE RELATIONSHIP BETWEEN THE
PARTIES.

 
Note: You may add as many issues you may find necessary to
be included and needs to be resolved by the honorable office.

ARGUMENTS AND DISCUSSION

           

            In this section, you will delve into the issue/s of the case. Here, you will
argue your side by citing your logic, legal bases and explanations. You will
answer the issues in favor of your client or if you are representing yourself,
you should argue in your favor by substantiating your claim with legal bases
like case rulings and jurisprudence or provisions of the law. You should also
attach as annexes your evidence or proofs to your arguments. Consider the
following as an example of argument for the non-existence of employer
employee relationship:

Existence of Employer-

Employee Relationship

As defined under Republic Act No. 8282, Sec. 8(d),

An Employee is any person who performs services for an employer in which
either or both mental and physical efforts are used and who receives
compensation for such services, where there is an employer-employee
relationship.

In the case of Atok Big Wedge Company Inc., vs. Gison, G.R.
No. 169510, August 8, 2011, to be considered employee, one must have
employer-employee relationship. The existence of such relationship is
conditioned upon the following requirements:

 
1.    Selection and engagement of the employee;
2.    Payment of Wages;
3.    Power of Dismissal;
4.  Employer’s power to control the employee’s
conduct with respect to the means and methods
by which the work is to be accomplished.

The requirements stated above must be present to consider the

existence of employer-employee relationship between the parties.

Applying these requirements to the Complainant, assuming but without

admitting that the Respondent Corporation did select and seek the
engagement of the Complainant to look over the Shop, still, the other
requirements are not present. There is no payment of wages or compensation
to the Complainant. The owner did not give the complainant a wage like what
usual employees get. She is just helping out her friend by looking over the
Shop and initiates the collecting of the business’s earnings and turn over the
same to the owner. Her act is only gratuitous.

Article 97(f) of the Labor Code clearly states :

 "xxx wage paid to any employee shall mean the remuneration or

earnings, however designated, capabale of being expressed in terms of
money, whether fixed or ascertained on a time, task, piece, or commission
basis, or other method of calculating the same, which is payable by an
employer to an employee under a written or unwritten contract of
employment for work done or to be done, or for services rendered or to be
rendered, and includes the fair and reasonable value, as determined by the
Secretary of Labor, of board, lodging, or other facilities customarily
furnished by the employer to the employee."

This element is lacking in tis case because the employer did not give any
amount that is meant to be a payment for the complainant's help.
 There is no power of dismissal to the Complainant because the
Complainant’s act in going to the Shop and doing tasks there is only voluntary
as when she did the same to give favor to her friend owner. There is also no
power to control the Complainant’s conduct since the owner is just seeking
help to her friend and did not specify any guidelines or instructions to the
Complainant on how to collect the Shop’s earnings and to do any tasks. The
owner is just interested in the outcome of the Complainant’s help and that is
the turnover of the earnings, to look over her business whenever she’s
available and tell her if there is any problem he may notice.

In the case of Lirio vs. Genovia, G.R. No. 169757, 2011, the power
to control pertains not only to results but also to the means and methods to
attain those results. Furthermore, in the case of Insular Life Assurance
Co, LTD vs. NLRC, G.R. No. 84484, 1989, not every form of control will
create an employer-employee relationship. It did not exist when control is in
the form of rules that merely serve as guidelines towards the achievement of
results without dictating the means or methods to attain them. It exists when
control is in the form of rules that fix the methodology to attain a specified
result and bind the worker to use such.

Thus, considering the foregoing, the Complainant cannot be classified as

an employee of the Shop because of lack of employer-employer relationship.

PRAYER

           

WHEREFORE, premises considered, it is respectfully prayed of the

Honorable Labor Arbiter that an order be issued to dismiss all other claims
made by the Complainant for lack of merit.

            Respondent prays for such other just and equitable reliefs under the
premises.

 
            MOST RESPECTFULLY SUBMITTED.

October 19, 2020, Makati City.

 
 
__________________
_
       Complainant/Respondent
 

Republic of the Philippines )

Makati City, Metro Manila ) S.S.

VERIFICATION

I, ________________, of legal age, Filipino Citizen, and with

address at _______________________________, after having been
duly sworn in accordance with law, deposes and state:

 
1.         That I am the complainant/respondent in this case;
           
2.         That I have caused the preparation and filing of the foregoing
Position Paper;
           
3.         That I have read the allegations therein and the same are true and
correct of my own personal knowledge and/or based on authentic
records of this case.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my

signature this ___ day of _____________________, 2020 at
___________________________.

 
 

                                                            ____________________________

                                                                        Affiant

  

SUBSCRIBED AND SWORN to before me, this ____ day of

__________, 2020, at ______________________, with affiant
exhibiting to me her Competent Evidence of Identity by way of her
________________________ issued on/to expire on
_______________________ issued at ____________________.

Doc. No.  _____ ;                                                                

Page No. _____ ;                                                                             NOTARY PUBLIC

Book No. _____ ;

Series of 2020.

 
 
 
Copy furnished:
 
___________________
__
Complainant/Respondent

(Address)