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3. That I was further required to work regularly even during Saturdays from
6:00 a.m. to 2:00 p.m. when Saturday was my designated rest day and
without the benefit of rest day pay.
4. That some of these fifteen-hour overtime work were rendered the day
before a holiday such that the overtime would flow the next day or on the
day of the holiday itself and that such work were rendered without the
benefit of holiday pay.
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6. That from 18 November 2014 until 01 April 2019, I was receiving a salary,
which specifically was only PhP350.00/day, way less than the prescribed
minimum wage.
7. That in all my years of service, I was never given my service incentive leave
and my 13th month pay.
9. That out of fear of losing my source of income, I stayed on despite all the
grueling hours, the unfavorable working conditions, the abusive behavior,
the non-payment of my overtime pay, holiday pay, rest day pay, night shift
differential, service incentive leave and the underpayment of my salary as
compared to the prescribed minimum wage.
11. That at the closing of the working hours on 08 June 2019, I was
called by my immediate supervisor, Edward Scissorhands to sign a
document captioned “unregularization” which he refused to explain and
which I refused to sign.
12. That upon seeking advice from friends, I ended up seeking legal
assistance from Raffy Tulfo in Action, a TV program, which in turn referred
me to DOLE Pasig.
13. That on 11 June 2019, I sought legal assistance from DOLE Pasig
on why I was being asked to sign a document captioned “unregularization”
where I was advised to seek clarification from my employer on said
document.
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14. That on 13 June 2019, I sought audience with Maalikaya/Masarap
owner Julius Aurelius to seek clarification on the document captioned
“unregularization” and who told me bluntly that I was dismissed, ordered
me to stop reporting without informing me of any reason why I was being
terminated and the grounds thereto.
15. That Aurelius was even abusive like his usual self when I asked for
clarification on why I was being terminated and told me hurtful words like,
“tanggal ka na, huwag ka na magpakita dito. May kapalit ka na galing
TESDA. Bawal ka na pumasok dito. Uutusan ko na yung mga tao ko na
bawal ka na papasukin”, “tanggal ka na. Huwag ka na makulit. Ayoko
na makita pagmumukha mo dito”, and “tanggal ka na nga. Ano pa ba
gusto mo marinig? Gusto mo pa ba ipakaladkad kita palabas?”
16. That accordingly, I filed a complaint for Illegal Dismissal before the
National Labor Relations Commission (NLRC) on 14 June 2019.
17. That after filing the complaint before the NLRC and while the case
was already scheduled for Conciliation-Mediation as per NLRC Rules, I
received two successive letters from my employer via LBC, the first dated
14 June 2019 and the second dated 17 June 2019 which are attached
hereto as Annexes “1” and “2”, respectively.
18. That the first letter, dated 14 June 2019 (Annex “1”), inquired as to
my “absence without official notification”, ordering me to return to work
immediately.
19. That the second letter, dated 17 June 2019 (Annex “2”), focused on
my alleged violation of company policy on “no call no show” and that I
should explain why there should be no correction action should there be
issued against me.
20. That the two letters took me by surprise as Aurelius clearly told me
in my face that I was already dismissed, that I should no longer report for
work, that I am no longer welcome to enter the premises of
Maalikaya/Masarap and even threatened to physically dragged me out of
the premises.
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21. That I have a Facebook account named “Jasmina Ca” and that on
this account, Edward Scissorhands is a facebook friend whose facebook
account is “Ed Jupit”.
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IN WITNESS WHEREOF, I have hereunto affixed my signature this 2nd
day of September 2019 in Makati City, Philippines.
JASMINA CAINGLET
Affiant