By Vir B. Lumicao
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| The Tribunal said the worker must prove she is entitled to be paid for working before taking a day off |
A Filipina helper who is claiming a refund of her hotel
quarantine cost and full payment for rest days when she was required to work for eight hours by her former employer, was asked by a Labor Tribunal officer to
show proof the law allows those claims.
Presiding Officer W.H. Pun issued the order to Ann Gerette Tangub as he left his
decision hanging on her claims of $2,469.33 for working partly on 16 of her rest
days (calculated at $154.33 per day) and $4,280 for her quarantine cost.
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| PINDUTIN PARA SA DETALYE |
The two items are part of a total claim of $21,810.32 that Tangub has filed against the employer, Sung Yuki Kathy.
Pun questioned Tangub’s claim for the cost of her hotel
quarantine when she returned to
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The officer also asked her why she was claiming full pay for the days she was made to work only for a few hours. Tangub did not reply.
The officer adjourned the case to an unspecified later date and told both parties to gather proof to support their claims against each other.
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| PINDUTIN PARA SA DETALYE |
Tangub brought her case to the Tribunal after rejecting Sung’s offer to pay for 25 days’ wages, $100 food allowance and $180 hospital fee during a meeting at the Labour Relations Division.
Sung fired the helper following an argument during she called police and asked them to take Tangub to hospital for a psychiatric checkup. But Sung insisted she terminated the helper for a reason and refused to pay a month’s salary in lieu of notice.
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Tangub disagreed, and filed a claim for salary in lieu of $4,630; arrears in wages totaling $4,012.66; refund of $1,500 which she said the employer deducted from her salary as her share in paying the agency fee; annual leave pay of $374.55; and statutory holiday pay of $153.78.
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Tangub is also asking $3,200 for a Hong Kong-Manila-Iloilo air ticket, travel food allowance, expenses totaling $590 and reimbursement of $500 for her rebooking fee.
In court, Sung insisted she had reason to dismiss Tangub summarily and should thus not pay salary in lieu. The presiding officer advised her to follow up her police case against the helper, as Sung said she never made a report to the police.
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The employer agreed to pay the arrears in wages but rejected Tangub’s claim to be paid in full for all her rest days when she was made to work about three hours before leaving the house and until past midnight after returning at 8pm.
Sung also rejected claims for the supposed wage deduction for agency fee, and refund for the helper’s 14-day hotel quarantine in December.
However, she eventually agreed to pay her air ticket at a future date based on the price at that time, as well as the $100 travel allowance.
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