Company Practice Must Be Proven by ClaimantAtty Elvin
Employees complain that they are entitled to a higher retirement benefit based on company practice. Is the claim of “company practice” enough to grant such benefit?
The burden of proof that the benefit has ripened into company practice, i.e., giving of the benefit is done over a long period of time, and that it has been made consistently and deliberately, rests with the employee.
To be considered as a regular company practice, the employee must prove by substantial evidence that the giving of the benefit is done over a long period of time, and that it has been made consistently and deliberately.
It requires an indubitable showing that the employer agreed to continue giving the benefit knowing fully well that the employees arc not covered by any provision of the law or agreement requiring payment thereof.
There was no such proof in this case.
(Galang vs. BOIE Takeda Chemicals, Inc., G.R. No. 183934. July 20, 2016)