Inocentes v. R. Syuco Construction, Inc. (2019)

Inocentes v. R. Syuco Construction, Inc., G.R. No. 237020, July 29, 2019, Inting, J.:

1. Background

• [The Complainants were hired as construction workers.]

• [The Company is engaged in the business of construction.]

a. Complainants’ position

• [The Complainants] claimed that [the Company], a construction corporation, employed them as construction workers with shifts from 7:00 p.m. to 7:00 a.m. every night. Despite this work circumstance, they purportedly never received night differential, overtime pay, rest day pay, service incentive leave pay, ECOLA, 13th month pay as well as holiday premium pay; and, neither did they receive the mandated minimum wage. They added that for more than a year, they worked for [the Company] on a no-work-no-pay basis.

[The Complainants] further alleged that on separate dates in September 2015, Reymark (September 9), Jeffrey (September 19), Joseph and Dominic (September 24) went to work but they were denied entry at the jobsite. The security guard instead informed them that they were already terminated. [The Complainants] insisted that they asked for reconsideration but only to be told to leave the premises.

[The Complainants] denied having to work for [the Company] on a project basis. They claimed that [the Company] did not present any employment contract evidencing that [The Complainants’] work was coterminous with any project that [the Company] contracted. They also stressed that [the Company] did not report to the DOLE th...

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