Dear PAO,
I am currently employed as a “tindera” in a sari-sari store, and I believe that I was illegally dismissed by my employer. Can I file a complaint against my employer for illegal dismissal? Am I also entitled to money claims like back wages, separation pay, salary differentials and other benefits?
Paulene
Dear Paulene,
Sari-sari stores are small retail outlets commonly found in residential areas across the Philippines. They are often run by local entrepreneurs or families and serve as convenient sources for everyday necessities. While these stores are considered micro-businesses due to their small scale and limited capital, they still contribute significantly to the local economy by providing employment opportunities and generating income for local entrepreneurs.
According to the decision of the Supreme Court in the case of Dominga Cabug-os v. Teresita Espina, GR 228719, Aug. 8, 2022, through Associate Justice Marvic M.V.F. Leonen, the employees of barangay micro businesses and enterprises are entitled to all the protections the labor laws may provide. It is specifically stated in the case that:
“Considering a sari-sari store’s ubiquity and the State’s recognition of the informality of its operations, it is baffling why the National Labor Relations Commission and the Court of Appeals would treat petitioner’s sari-sari store as it would any large-scale commercial enterprise. To award labor claims on this presumption would be unfair, unreasonable, and unconscionable.
“This is not to say that employees of sari-sari stores do not deserve fair treatment under our labor laws. Here, it is clear that respondent was illegally dismissed, and petitioner should be made liable for that illegality. The protection of labor, however, must be balanced with the protection of establishments whose clientele mainly consists of the working class and the urban poor. When awarding labor claims, the tribunal must also consider the type of establishment employing the laborer.”
In your situation, as a tindera in a sari-sari store, you are entitled to all the protections under our labor laws. Therefore, if it is proven that you were illegally dismissed, then you are also eligible for labor money claims such as back wages, separation pay, and other monetary awards. However, considering the minuscule profit-earning capacity of sari-sari stores and their exemption from the payment of minimum wage, labor tribunals must compute judgment awards in an equitable manner.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attomey’s Office. Questions for Chief Acosta may be sent to [email protected].
