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Affidavit of Fracisco C. CañEte

Francisco Cañete worked as a truck driver for JYP Hauling Services Inc. since 2004. [1] He claims the company failed to pay required benefits like SSS, PhilHealth, 13th month pay and overtime. [2] Expenses were also improperly deducted from salaries. [3] Cañete got sick from work but received no compensation. [4] After complaining to the Department of Labor and Employment, he was ordered reinstated but the company treated drivers poorly and eventually dismissed them. [5] Cañete is now filing a complaint against the company for various labor violations.

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112 views2 pages

Affidavit of Fracisco C. CañEte

Francisco Cañete worked as a truck driver for JYP Hauling Services Inc. since 2004. [1] He claims the company failed to pay required benefits like SSS, PhilHealth, 13th month pay and overtime. [2] Expenses were also improperly deducted from salaries. [3] Cañete got sick from work but received no compensation. [4] After complaining to the Department of Labor and Employment, he was ordered reinstated but the company treated drivers poorly and eventually dismissed them. [5] Cañete is now filing a complaint against the company for various labor violations.

Uploaded by

Pags Pagapong
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines )

City of Butuan ) SS.

AFFIDAVIT OF FRACISCO C. CAÑETE

I, FRANCISCO C. CAÑETE, of legal age, Filipino, married, and a resident of Bagong


Dawis, Baroy, Lanao del Norte, after having been duly sworn in accordance with law do
hereby depose and state that:

1. I was an employee of JYP Hauling Services Inc. and/or Julius Paroan, as a truck
driver since March 8, 2004. The business route of my employer covers the entire
Mindanao but I was primarily assigned in Butuan-Cagayan route. The company
has a warehouse in Butuan City, among their other warehouses in Mindanao.

2. My employer whose business is engaged in trucking and hauling products


primarily from Coca-cola, San Miguel, and RC Cola Corporations, exercises
direct control and supervision over our work.

3. My salary is on a per trip basis. However, all expenses relating to trucking


services such as for volcanizing, brake expenses, payment for toll and SOP for
checkpoints, violations for registration and franchising, even if the company is at
fault, are chargeable to our salary.

4. We were not also paid our SSS, PhilHealth and Pag-ibig contributions or if there
were payments the same is irregularly made. In addition, we are not also given
our 13th month pay, incentive leaves and other leave benefits, overtime pay, and
other minimum benefits which under the law are to be paid.

5. My work is dangerous and very hard, I am on call ‘round the clock and by order, I
was made to travel night and day. By reason of the nature of our work, I
encountered a work-related illness sometimes on 2014 due to fatigue. I was
hospitalized for almost a month. However, I received nothing from the company
despite the fact that my illness is work related and I promptly informed them of
my illness. On top of this, when my truckman figured an accident while on duty,
my employer advanced the expenses for his medication and hospitalization in the
amount of P20,000.00, however to my great surprise and dismay, my employer
deduct the said expenses to my salary against my will, and when in fact, it is his
duty and obligation to shoulder the expenses. This is another clear case of
unauthorized deduction.

6. As a result of these unfair labor practices, we sought the intervention of DOLE to


help us recover the benefits which are unlawfully withheld from us for a long time.
On its report dated January 10, 2020, DOLE found the following violations:

a. Unauthorized deduction of allowance;


b. No payslip given to the worker for the period of January to October, 2019;
c. Unauthorized deduction of ID, company uniform, PPE (safety shoes, hard hat,
safety vest and harness);
d. Non coverage of SSS, PhiliHealth and HDMF; and
e. Nonpayment of 13th month pay.

7. For failure of the company to meet the minimum labor standard, we launched a
case before NLRC, Cagayan de Oro City for recovery of our benefits. However,
the labor arbiter is on the possession that NLRC has no jurisdiction of the subject
case since this is a matter under the authority of DOLE in the exercise of its
visitorial and enforcement power.

8. On this account, the NLRC dismiss the case because they do not have
jurisdiction over the same. NLRC ordered our reinstatement.

9. However, despite the order of reinstatement, the company treated us with


animosity and dislike. The company made our work very hard particularly on the
payment of our salary. We were no longer paid on every 15 th day and 30th day of
the month, as is our previous arrangement, instead we were paid every after trip
which is difficult on our part considering the timeframe of each trip.

10. The animosity of the company against us grew every passing day until such time
that the company refused us entry to its premises. A copy of an order prohibiting
REY FRANCIS CAÑETE and ALBERT FLORES from entering its warehouse is
attached hereto. This unfair practices boiled down sometimes on May 2021 when
the company took the keys of the truck assigned to us. We thought that this is a
case of dismissal because the company wanted to punish us for claiming the
benefits they in the first place owed us.

11. I am executing this affidavit in support of our complaint against JYP Hauling
Services Inc. and/or Julius Paroan, for illegal dismissal, separation pay, 13 th
month pay, underpayment of wages, refund of illegal deductions, damages, and
other monetary claim provided by laws.

In witness wherefore, I have hereunto set my hand, this _________________, in


Butuan City, Philippines.

FRANCISCO C. CAÑETE
Affiant

SUBSCRIBED AND SWORN TO before me this ___________, in the City of


Butuan, Philippines, affiant exhibiting to me his driver's license with No. Ko4-95-025929,
issued by TLO Tangob City, and valid until 01/15/2024, as competent proof of identity.

Doc. No: ______;


Page No: ______;
Book No: ______;
Series: ________.

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