Republic of the PhilippinesProvince of Sorsogon S.S.City of Sorsogon

AFFIDAVIT OF DECLARATION

I, RYAN E. ENANO, of legal age, Filipino, single, and with post office address at Panganiban, Gubat, Sorsogon, do hereby depose and say:

1. That I am the Complainant against AJI ALI VEHICLE RENTAL AND AGGREGATES, a business establishment owned and managed by HELEN L. YUSON, with business address at Basud, Sorsogon City;

1. That I was formerly a regular employee of AJI ALI VEHICLE RENTAL AND AGGREGATES as light vehicle driver since October 2011 until August 11, 2015. The business undertaking of the said Respondent is to provide car service to the staff of EDC BACMAN GEOTHERMAL POWER PLANT, Manito, Albay ;

1. That I worked for seven (7) days a week with no rest day or day-off. There were times when he worked for 9 hours per day with no overtime pay. I was also made to work on holidays without holiday premium pay and even during rest day without payment of rest day premium;;

1. That I was not given 13th month pay at the end of the year as required by the law. Likewise, I was not given the yearly service incentive leave of five days with pay in accordance to Article 95 of the Labor Code ;

1. That verification from the Social Security System, Sorsogon Branch, PHILHEALTH Sorsogon City and PAG-IBIG Legaspi City, I also discovered that the Respondent did not pay the correct amount of premiums despite the corresponding deductions in my salary;

1. That as regards SSS premiums, the respondent regularly deducted the amount of Five Hundred Pesos (P500) per month from my salary. However, she remitted only monthly premiums ranging from P400-P600. Similarly, the respondent deducted Two Hundred Pesos (P 200) from the Complainant for PAG-IBIG; however, remitted only Two Hundred Pesos (P 200) to the PAG-IBIG. Worst, with respect to PHILHEALTH premiums, no payments of PHILHEALTH contributions had been made by the respondent;

1. That on August 11, 2015 I was verbally terminated without due process from my work by the respondent;

1. That the basis of my dismissal was my alleged unjustified absence on August 11, 2015;

1. That before my absence, I solicited the approval of the respondent including her daughter who manages the business. He was advised by the respondent to contact a reliever so as to avoid complaints from the patrons. Pursuant to this agreement, I contacted a possible reliever and found one. However, for unknown reasons, the said reliever was not able to report for duty. In the early morning of August 11, 2015 the Complainant heavily tasted the unsavory and foul text messages from the respondent and her daughter;

1. That as a result of the unjust termination of employment, I suffered mental anguish, sleepless nights, wounded feelings, serious anxiety, moral shock, and social humiliation, especially concerning the daily sustenance of my family.

1. That to prove my claim, I am attaching copies of the documentary evidence mentioned in my Complaint-Affidavit.

That I am executing this affidavit to attest to the truth of the foregoing facts and circumstances and for other legal purpose that this may serve.

IN WITNESS WHEREOF, I have hereunto affixed my signature this _____ day of __________________, 2015 at Sorsogon City, Philippines.

RYAN E. ENANO Affiant

SUBSCRIBED AND SWORN to before me this ____ day of _________________, 2015 at Sorsogon City.

Doc. No. _______;Page No. _______;Book No. _______;Series of 2015