MANILA, Philippines – Former workers of the defunct North Luzon Tollways (NLTW) have lost their compensation claim against the Philippine National Construction Corporation totaling around P171 million.
In a seven-page decision, the Commission on Audit (COA) en banc denied the petition of the more than 800 retrenched NLTW workers. The COA said the 2011 decision of the National Labor Relations Commission in Regional Arbitration Branch 3 (NLRC-RAB 3) awarding them P155.52 million, or P192,000 for each former employee, with an additional 10% for lawyer’s fees could not be enforced.
COA Chairperson Gamaliel Cordoba and commissioners Roland Café Pondoc and Mario Lipana said the Court of Appeals’ 8th division had set aside the NLRC-RAB 3’s decision in February 2016.
The workers appealed for a review by the Supreme Court (SC), but it was denied in April 2016. The entry of judgment was issued in November the same year.
The case records showed that the PNCC, which previously operated the NLTW and the South Luzon Tollways (SLTW), signed a Toll Operations Agreement in 1999 with the Manila North Tollways Corporation transferring the operation and management of the tollways to the latter. This resulted in the retrenchment of the 810 NLTW workers.
The retrenched workers were paid their remaining salaries, unused vacation leaves, 13th month pays, rice subsidies, uniform and medical benefits, and retrenchment pay equivalent to 250% of their basic salaries for every year of service. These payouts were released in tranches from 2002 to 2005.
Meanwhile, SLTW workers received additional benefits such as exit bonuses of P100,000, productivity bonuses of P40,000, emergency cost of living allowances of P32,000, and a bonus from the International Organization of Standardization worth P20,000.
The NLTW workers did not enjoy the same benefits, but were awarded P192,000 each by the NLRC-RAB 3.
The COA explained that the NLTW had a different bargaining agent — the PNCC Toll Operations Employees and Workers Union – which did not negotiate for the extra benefits the SLTW workers received through their own bargaining agent.
“Considering that the Writ of Execution issued by the labor arbiter of RAB No. 3 is null and void and the SC has determined with finality that petitioners are not entitled to the benefits claimed, the petition should be denied for lack of merit,” COA said. – Rappler.com