February 01, 2016

To: SHERYL DE LA ROSA

HUMAN RESOURCES MANAGER
Blue Surfers 24/7 Solutions, Inc.
John Earnest Building,
Ground Floor, Connecticut Arcade,
Greenhills Shopping Center
San Juan City, Philippines
Subject

FINAL DEMAND LETTER

Dear Miss DE LA ROSA,

I am writing you on behalf of my client, MJ MALONES, the
matter of non-payment of your existing obligation with the latter.
Records disclosed that my client resigned from your
company, effective 9 December 2015, and until the date of this
letter, your company has not yet paid my client's last salary for
one (1) month amounting to NINETEEN THOUSAND FIVE
HUNDRED PESOS (P19,500.00), in Philippine Currency, as well
as her thirteenth (13th) month pay for the year 2015, amounting
to EIGHTEEN THOUSAND THREE HUNDRED TWENTY-FIVE
PESOS (P18,325.00), also in Philippine currency.
In addition, upon verification with the office of SOCIAL
SECURITY SYSTEM (SSS), it was discovered, that your company
failed to pay the compulsory monthly SSS contribution of my
client, amounting to FOURTEEN THOUSAND FIVE HUNDRED
FOUR Pesos (P14,504.00).
Undoubtedly, the above-mentioned acts are illegal, under
our existing laws, and clearly violates the following provisions, to
wit:
Art. 103. Time of payment. Wages shall be paid
at least once every two (2) weeks or twice a month at
intervals not exceeding sixteen (16) days. Xxxx 1
III. Time of Payment

PRESIDENTIAL DECREE NO. 442, AS AMENDED, Labor Code of the

Philippines.
1

The 13th month pay shall be paid not later than

December 24 of the year. Xxxx2
SEC. 19. Employer's Contributions.
(a) beginning as of the last day of the month when an
employee's compulsory coverage takes effect and every
month thereafter during his employment, his employer shall
pay, with respect to such covered employee, the employer's
contribution in accordance with the schedule indicated in
Section Eighteen of this Act. Notwithstanding any contract to
the contrary, an employer shall not deduct, directly or
indirectly, from the compensation of his employees covered
by the SSS or otherwise recover from them the employer's
contributions with respect to such employees. 3
Further, despite repeated demands, you
continuously fails to pay the aforesaid amount.

failed

and

By reason thereof, my client was compelled to engage the

services of a lawyer so as to protect her rights and interests and
for which she has to incur expenses amounting to FIVE
THOUSAND PESOS (P 5,000.00) in Philippine currency.
Accordingly, FINAL DEMAND is hereby made upon you to pay
the amount of FIFTY-SEVEN THOUSAND THREE HUNDRED
TWENTY-NINE Pesos (Php 57,329.00), representing her
unpaid wages, 13th month pay, SSS contribution and legal
expenses, within FIFTEEN (15) CALENDAR DAYS from receipt
of this letter. Otherwise, I will be constrained to file the necessary
JUDICIAL ACTION against you and BLUE SURFERS 24/7
SOLUTIONS, INC., to recover the said amount.
I trust that you will give this matter your prompt and preferential
attention to avoid the expense and inconvenience of litigation.
Very truly yours,
ATTY. BRIAN B. LEYSON
Attorney at Law
LABOR ADVISORY No. 12, Series of 2013, Department of Labor And
Employment.
3
REPUBLIC ACT NO. 8282, Social Security Law, in relation to SEC. 28(e),
which provides: Penal Clause. Xxxx. (e) Whoever fails or refuses to comply
with the provisions of this Act or with the rules and regulations promulgated
by the Commission, shall be punished by a fine of not less than Five
thousand pesos (P5,000.00) nor more than Twenty thousand pesos
(P20,000.00), or imprisonment for not less than six (6) years and one (1) day
nor more than twelve (12) years or both, at the discretion of the court.
2

Mobile: 09178752843
brian.leyson@yahoo.com.ph