DOLE, NLRC SAMPLE POSITION PAPER: HOW TO DRAFT

 

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)