MANILA — The Supreme Court (SC) has reaffirmed that preventing employees from entering company premises and performing their jobs without a valid reason constitutes illegal dismissal.

In a decision written by Senior Associate Justice Marvic M.V.F. Leonen, the SC’s Second Division upheld the labor arbiters’ ruling that 12 workers from Constant Packaging Corporation were illegally dismissed.

Constant Packaging, which prints packaging materials, hired the workers as sorters and packers on a pakyaw (paid per output) basis. The workers later raised concerns about below-minimum wage earnings, 12-hour workdays, seven-day work weeks, non-remittance of SSS, PhilHealth, and PAG-IBIG contributions, and delayed salaries. The company allegedly told them to leave if they were unhappy with their working conditions.

The workers filed a complaint with the Department of Labor and Employment (DOLE). Soon after, the company’s security guard reportedly prevented them from entering the company premises.

The company argued that the workers were not dismissed, noting they could still work anytime under a pakyaw arrangement and should have consulted management if blocked from entering.

The labor arbiter initially ruled in favor of the workers, finding they were illegally dismissed. However, the National Labor Relations Commission (NLRC) reversed this decision, and the Court of Appeals upheld the NLRC’s ruling.

The SC disagreed, clarifying that an employee who is able and willing to work is considered illegally dismissed if prevented from entering the workplace without a valid or lawful reason.

In this case, the SC said the company’s security guard blocked the workers without justification, amounting to dismissal. Because the dismissal occurred without following the required procedures, it was unlawful.

The SC ordered Constant Packaging to pay the workers separation pay, back wages, service incentive leave, and holiday pay. Since the workers were hired on a pakyaw basis, they are not entitled to 13th month pay.