THE Department of Labor and Employment (DOLE) has ordered owners of footwear factory Kentex Manufacturing Corp. to pay 57 workers another P1.4 million for violations of labor laws, on top of the P8.3 million that it was also told to shell out earlier.
At the same time, DOLE Secretary Rosalinda Baldoz on Thursday disclosed that she had submitted to Justice Secretary Leila de Lima an endorsement for filing of criminal cases against the owners or responsible officers of Kentex and CJC Manpower in connection with a fire that gutted the factory in Valenzuela City (Metro Manila) last May.
“I have submitted a briefer on the violations of labor laws, detailing possible documentary evidence to support probable cause for the institution of criminal action against Kentex Manufacturing Corp. and CJC Manpower Services,” she said.
Kentex and CJC, according to Baldoz, can be held criminally liable, based on the Labor department’s case-building investigation and documents gathered, for underpayment and large-scale illegal recruitment, both punishable under the Labor Code of the Philippines.
The P1.4 million, she explained, represents underpayment of basic wages; underpayment of premium pay on rest day; non-payment of cost-of-living-allowance; non-payment of regular holiday pay; underpayment of overtime pay on regular day; underpayment of night shift differential pay on regular day; non-payment of 13th month pay; unauthorized deduction of cash bond; and non-payment of service incentive leave pay.
Baldoz pointed out that the amount is on top of the P8.3 million earlier ordered by the DOLE Region 3 office to be paid 99 workers of CJC Manpower Services, a Kentex sub-contractor.
She said Kentex may eventually end up also paying for the P8.3 million because CJC Manpower is not a DOLE-registered sub-contractor.
Baldoz announced that the DOLE National Capital Region (NCR or Metro Manila) Director Alex Avila had issued a compliance order on general labor standards and occupational safety and health investigation at Kentex.
She said the monetary awards were only for claims for general labor standards and do not include other claims that the workers have arising from criminal and civil cases they may have filed or will file against Kentex.
In the compliance order, Avila gave Kentex 10 days to pay the monetary claims upon receipt of the order.