This case has been cited 1 times or more.
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2013-12-11 |
BRION, J. |
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| We also reverse the NLRC and the CA's finding that the petitioners are not entitled to salary differential, service incentive, holiday, and thirteenth month pays. As in illegal dismissal cases, the general rule is that the burden rests on the defendant to prove payment rather than on the plaintiff to prove non-payment of these money claims.[41] The rationale for this rule is that the pertinent personnel files, payrolls, records, remittances and other similar documents which will show that differentials, service incentive leave and other claims of workers have been paid are not in the possession of the worker but are in the custody and control of the employer.[42] | |||||