Yulo v. Concentrix Daksh Services Philippines, Inc. (2019)

Yulo v. Concentrix Daksh Services Philippines, Inc., G.R. No. 235873, January 21, 2019, Perlas-Bernabe, J.: 1. Background a. Complainants’ position • [The employee] alleged that he was engaged by [the employer] on March 26, 2014 as a Customer Care Specialist-Operations, with a basic monthly salary of P12,190.00 and guaranteed allowance of ₱3,125.00. Thereafter, he was assigned to the account of Amazon.com, Inc. (Amazon). • On February 17, 2015, [the employee] received a letter from [the employer] informing him that Amazon intended to “right size the headcount of the account due to business exigencies/requirements” and thus, he would be temporarily placed in the company's redeployment pool effective February 20, 2015. This notwithstanding, [the employer] promised [the employee] that it would endeavor to deploy him in other accounts based on his skill set, with a caveat, however, that should he fail to get into a new account by March 22, 2015, he would be served with a notice of redundancy. • As it turned out, [the employee] was not re-assigned to other accounts as of the said date, and consequently, was terminated on the ground of redundancy. This prompted him to file a complaint for constructive illegal dismissal, non-payment of salary/wages and 13th month pay, moral and exemplary damages, and attorney's fees with prayer for backwages and other benefits, before the NLRC, docketed as NLRC Case No. 06-07585-15. b. Company’s position • For its part, [the employer] contended [the...