Dear Atty. Gab,

Musta Atty! I’m Ricardo Cruz, and I’ve been working at Makina Works Inc. in Valenzuela City for about 8 years now. Recently, there was a big disagreement between our newly formed union and management, which led to a short strike a couple of months ago. While I am a member of the union, I was actually on approved sick leave for dengue fever during the entire week the strike happened. I have medical certificates and company leave forms to prove this.

When I recovered and tried to report back to work, security blocked me at the gate. Management told me that because of the “labor trouble,” they were sorting things out and couldn’t let me back in yet. Later, I found out they filed a case with the NLRC against several union officers and members, accusing them of conducting an illegal strike. My name, however, was NOT included in their complaint list. I even got a copy of their complaint to confirm this.

It’s been two months now, and they still won’t let me work. They haven’t issued any termination letter or suspension notice against me specifically. When I follow up, they just say things are “complicated” because of the ongoing case against the others. I haven’t received any salary since I tried to return. I feel this is incredibly unfair because I didn’t participate in the strike, I was on legitimate leave, and they didn’t even accuse me of anything in their formal complaint. Am I entitled to get my job back immediately? And shouldn’t they pay me for the time I’ve been prevented from working? I’m really confused about my rights here. Thank you po for any guidance.

Sincerely,
Ricardo Cruz

Dear Ricardo,

Thank you for reaching out. I understand your frustration and anxiety regarding your current situation with Makina Works Inc. Being prevented from returning to work, especially when you were on approved leave and not formally charged in the company’s complaint, is indeed a serious concern that requires careful examination under Philippine labor laws.

Your core question touches upon fundamental rights related to employment security, reinstatement, and backwages, particularly when an employee is sidelined due to a labor dispute they weren’t directly implicated in according to the employer’s own formal actions. Generally, employees who are not found to have committed any wrongdoing, especially those not formally charged by their employer in connection with alleged illegal activities, should not be deprived of their employment or wages.

Understanding Your Rights When Unfairly Sidelined During Labor Disputes

The situation you described, where you were effectively prevented from resuming your duties without any formal charge or notice of dismissal against you personally, strongly suggests a potential case of constructive dismissal or, at the very least, an unjustified denial of your right to work and receive wages. Philippine labor law provides significant protection to employees against unjust removal from their jobs. The cornerstone of this protection is the principle of security of tenure, which means an employer cannot terminate an employee without just cause (valid reasons related to the employee’s conduct or performance) or authorized cause (valid business reasons like redundancy or closure) and without observing procedural due process.

When an employee is found to be illegally dismissed, the standard remedy is reinstatement to their former position without loss of seniority rights and the payment of full backwages.

“An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement.” (Labor Code of the Philippines, Article 294 [formerly Article 279])

This provision underscores the legal mandate to restore an illegally dismissed employee to the position they would have occupied had the dismissal not occurred, along with compensation for the earnings lost during the period of dismissal.

In scenarios involving labor disputes like strikes, while employers have the right to take action against employees who participate in illegal activities, this action must be directed specifically at those proven to be involved. The principle of individual culpability is important. An employer cannot simply implement a blanket refusal to allow employees back to work based on a general labor problem, especially for those, like yourself, who were not involved and, crucially, were not even included in the formal complaint filed by the company.

Jurisprudence consistently holds that the burden of proving that a dismissal was for a just or authorized cause rests squarely on the employer. If the employer fails to discharge this burden, the dismissal is deemed illegal.

“In illegal dismissal cases, the employer bears the burden of proving that the termination was for a valid or authorized cause. Failure to discharge this burden means that the dismissal was illegal.” (Based on established Philippine jurisprudence)

Your situation is distinct because you weren’t even formally accused by Makina Works Inc. in their NLRC complaint regarding the strike. This significantly weakens any potential justification the company might try to offer for preventing you from working. Their failure to charge you implies an acknowledgment, at least formally, that you were not among those they considered responsible for the alleged illegal acts.

Consider the distinction:

Employee Status	Employer’s Action	Potential Legal Standing
Formally charged by Employer in NLRC complaint for illegal strike participation.	Prevented from working pending case resolution.	Subject to the outcome of the NLRC case; reinstatement/backwages depend on whether illegal acts are proven against them individually.
NOT formally charged by Employer in NLRC complaint; prevented from working. (Your Situation)	Prevented from working without specific charge or due process.	Strong case for immediate reinstatement and full backwages, as there is no formal accusation or proven cause justifying the prevention from work. Likely constitutes illegal dismissal.

Preventing an employee from reporting for work without a valid reason or proper procedure can be considered constructive dismissal. This occurs when an employer’s actions create a hostile or unreasonable work environment, or involve an unjustified suspension or prevention from work, effectively forcing the employee out.

“Constructive dismissal exists where there is cessation of work, because continued employment is rendered impossible, unreasonable or unlikely, as an offer involving a demotion in rank or a diminution in pay’ and other benefits… It exists when an act of clear discrimination, insensibility, or disdain by an employer becomes so unbearable on the part of the employee that it could foreclose any choice by him except to forego his continued employment.” (Based on established Philippine jurisprudence)

The fact that Makina Works Inc. did not include you in their complaint but still refuses you entry strongly suggests they lack a specific, lawful basis related to the strike to keep you out. Your approved sick leave further supports your non-involvement. Therefore, you generally have a strong claim for immediate reinstatement and the payment of backwages from the time you were refused re-entry after your sick leave.

Practical Advice for Your Situation

• Document Everything: Keep meticulous records of your approved sick leave, medical certificates, attempts to return to work (dates, times, names of guards or personnel who denied entry), communications with management, and the copy of the NLRC complaint showing your name was excluded.
• Send a Formal Demand Letter: Write a formal letter (preferably through registered mail or with a received copy) addressed to Makina Works Inc.’s HR or management. Clearly state your intent to return to work, reference your approved leave, note your exclusion from the NLRC complaint, and demand immediate reinstatement and payment of withheld wages (backwages). Specify a reasonable deadline for their response.
• File a Complaint with the NLRC: If the company fails to reinstate you and pay your backwages after your demand, you should strongly consider filing a complaint for illegal dismissal (specifically constructive dismissal), unpaid wages/backwages, and potentially damages and attorney’s fees with the National Labor Relations Commission (NLRC) Regional Arbitration Branch covering Valenzuela City.
• Gather Witness Statements (If Possible): If any colleagues can attest to your attempts to return to work or confirm your absence due to illness during the strike, their statements could be helpful, although your documentation should be primary evidence.
• Consult a Labor Lawyer: Given the nuances of labor law and procedure, consulting with a lawyer specializing in labor cases is highly advisable. They can help draft your demand letter, prepare and file the NLRC complaint, and represent you throughout the process.
• Do Not Sign Any Quitclaim: Be wary if the company offers a settlement that requires you to sign a waiver or quitclaim, especially if it doesn’t include full backwages and reinstatement (or appropriate separation pay if reinstatement is not feasible). Ensure you understand fully what you are signing, preferably with legal counsel.
• Union Assistance: While ensuring your interests are distinctly represented (since your situation differs from those charged), coordinate with your union representatives. They might offer support or include your specific grievance in their broader discussions or actions, but prioritize advice tailored to your unique position.

Your situation, where you were seemingly uninvolved in the strike and explicitly excluded from the company’s formal charges, places you on strong legal footing to demand reinstatement and backwages. The company cannot simply lump you in with those formally accused without violating your right to security of tenure and due process.

Hope this helps!

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.