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| The Filipina told the Tribunal she was not paid her salary, but the shop owner said as a partner, she was not entitled to one |
Aurea Ramirez claimed she was not paid her salary for nine
months, but defendant Raymond Choy, owner of Shine Beauty Hair Salon, said they
were business partners and thus should share in the profits, but could not
claim a salary.
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| PINDUTIN PARA SA DETALYE |
As she had no employment contract, Presiding Officer David
Chan told Ramirez her case was difficult because an employee-employer
relationship between her and Choy needed to be established. Otherwise, he said,
she would have to take the case to another court.
Chan ordered both parties to appear again in court on Aug. 3
because they failed to reach agreement.
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| Pindutin para sa detalye! |
He told the two to submit documents and supplemental
statements if they so wish, and also witnesses, if they have any.
When asked if they were getting legal advice, Choy said he
was, but Ramirez said she would represent herself. Chan told her she may need
legal advice as she may be ordered to pay costs.
Ramirez said she was sacked in April 2018 because Choy got
mad when she used the shop’s earnings to buy a heater and have the salon’s electrical
wirings fixed.
She said she began working in the salon on Jul 1, 2017, after
Choy told her to manage the business but did not give her a work contract or paid
her any salary.
Each time she asked for her salary, Choy would reportedly reply,
“Where’s your contract?”
Choy insisted Ramirez was his partner and shareholder,
having given her 20,000 shares in the company.
Chan told Ramirez: “Of course, if you are a business partner
and company shareholder, he does not have to pay you a salary but you get a
share of the company’s profits.”
But Ramirez insisted Choy did not treat her as partner but as
worker, driving her hard to make the salon profitable. At times, she said she
had to help the beauticians attend to clients.
As the shop was not profitable, she said she remitted all
the earnings to Choy every 15th and end of the month without getting
her pay. She said she was also working in a pub at the time, so, she had income
to support her family.
