CASE DIGEST
Zonio v. 1st Quantum
Leap Security Agency, Inc.
G.R. No. 224944 (Resolution), [May 5, 2021]
SECOND, LOPEZ, M.
Suspension of employment; Burden of Proof for monetary claims and benefits
For claims such as payment of salary
differentials, service incentive leave, holiday pay, and 13th-month pay, the
burden rests on the employer to prove payment. Conversely, for claims like
overtime pay, premium pays for holidays and rest days, the burden is on the
employee to prove actual performance of work beyond regular hours or on
designated days.
Reggie Orbista Zonio, the petitioner, was employed as a security guard by 1st Quantum Leap Security Agency, Inc., owned and managed by respondent Romulo Q. Par. Zonio worked alternately seven days a week from 7:00 a.m. to 7:00 p.m. or from 7:00 p.m. to 7:00 a.m. for a monthly wage of P8,500.00. Deductions of P120.00 were made from his wage every month. Zonio alleged that he was not paid for overtime work, holidays, rest days, 13th-month pay, service incentive leave, and night shift differential. He, along with some colleagues, received a memorandum suspending them for sleeping while on duty without formal investigation. Respondents refused to accept Zonio back after his suspension.
Whether Zonio is entitled to various
monetary claims, including overtime pay, holiday and rest day premiums pay, and
night shift differentials pay.
The petition is partly granted. In
labor disputes, the burden of proof regarding monetary claims is shifted
depending on the nature of the claim. For claims such as payment of salary
differentials, service incentive leave, holiday pay, and 13th-month pay, the
burden rests on the employer to prove payment. Conversely, for claims like
overtime pay, premium pays for holidays and rest days, the burden is on the
employee to prove actual performance of work beyond regular hours or on
designated days. Zonio proved his entitlement to overtime pay and night shift
differentials pay through the logbook entries, which were not rebutted by the
respondents. Zonio's claim for holiday and rest day premiums was denied due to
lack of factual basis. The case is remanded to the Labor Arbiter for the
computation of Zonio's monetary award.
No comments:
Post a Comment