National Conciliation and Mediation Board

Regional Branch No. 5

29 December 2017


Legazpi City – Little did John Cedrick Mabilin expect that he will still get his unpaid salary and 13th month pay from his employer when he came to the regional branch office seeking only clarification of his right as a worker in a refrigeration and airconditioning repair service company.

On 05 December 2017, Mr. Mabilin sought the intervention of the branch through its Single-Entry Approach (SEnA) program to inquire whether he still can get his wage and other benefits despite allegations of breaches in company policies and procedures.

The initial conference with his employer’s representative was set the following day, or December 6.  During the meeting, the company representative explained that they are withholding the wage of Mr. Mabilin pending the result of an on-going investigation regarding the complainant’s policy breach allegation.  Thus he requested for another meeting because he said he will refer first the issue to their Laguna Head Office.

During the succeeding meetings, the company is hard-lined on reasoning that they are still waiting for the decision of their legal counsel.  At some stage during a long-distance call to their head office, it was clarified to them regarding the consequences of withholding wages of workers.  It was explained that doing so is prohibited under the Labor Code and that the payment of wages is separate from all other issues.

With this, or on December 20, after four more meetings and conciliations, the parties finally agreed and informed that Mr. Mabilin received his unpaid salaries for services rendered on November 1-21, 2017 including his 13th month pay.

The case was facilitated by SEADO Supervising Labor and Employment Officer Josephine Amaranto.

Prepared by:                                                             APPROVED FOR RELEASE:


EFLEDA A. HOURANI                                            REYNALDO S. FONCARDAS

Senior LEO/LIO-designate                                     Regional Branch Director