Professional Documents
Culture Documents
NLRC, VIC DEL ROSARIO, In the instant case, the petitioners allege that the NLRC acted in total disregard of evidence
VIVA FILMS material or decisive of the controversy.
FACTS: ISSUES: W/N there exist an employee- employer relationship between the petitioners and the
private respondents.
Maraguinot and Enero were separately hired by Vic Del Rosario under Viva Films as part of the
filming crew. Sometime in May 1992, sought the assistance of their supervisor to facilitate their HELD: There exist an employee- employer relationship between the petitioners and the private
request that their salary be adjusted in accordance with the minimum wage law. respondents because of the ff. reasons that nowhere in the appointment slip does it appear that
it was the producer who hired the crew members. Moreover, it was VIVA’s corporate name
On June 1992, Mrs. Cesario, their supervisor, told them that Mr. Vic Del Rosario would agree to appearing on heading of the slip. It can likewise be said that it was VIVA who paid for the
their request only if they sign a blank employment contract. Petitioners refused to sign such petitioners’ salaries.
document. After which, the Mr. Enero was forced to go on leave on the same month and refused
to take him back when he reported for work. Mr. Maraguinot on the other hand was dropped Respondents also admit that the petitioners were part of a work pool wherein they attained the
from the payroll but was returned days after. He was again asked to sign a blank employment status of regular employees because of the ff. requisites: (a) There is a continuous rehiring of
contract but when he refused, he was terminated. project employees even after cessation of a project; (b) The tasks performed by the
alleged “project employees” are vital, necessary and indispensable to the usual business
Consequently, the petitioners sued for illegal dismissal before the Labor Arbiter. The private or trade of the employer; and (c) However, the length of time which the employees are
respondents claim the following: (a) that VIVA FILMS is the trade name of VIVA continually re-hired is not controlling but merely serves as a badge of regular
PRODUCTIONS, INC. and that it was primarily engaged in the distribution & exhibition of employment.
movies- but not then making of movies; (b) That they hire contractors called “producers” who act
as independent contractors as that of Vic Del Rosario; and (c) As such, there is no employee- Since the producer and the crew members are employees of VIVA and that these employees’
employer relation between petitioners and private respondents. works deal with the making of movies. It can be said that VIVA is engaged of making movies
and not on the mere distribution of such.
The Labor Arbiter held that the complainants are employees of the private respondents. That
the producers are not independent contractor but should be considered as labor-only contractors
and as such act as mere agent of the real employer. Thus, the said employees are illegally
dismissed. J&DO AGUILAR CORP V. NLRC
The private respondents appealed to the NLRC which reversed the decision of the Labor Arbiter FACTS:
declaring that the complainants were project employees due to the ff. reasons: (a) Complainants
Private respondent Romeo Acedillo began working for petitioner in February 1989 as a helper-
were hired for specific movie projects and their employment was co-terminus with each movie
electrician. On January 16, 1992, he received a letter from petitioner informing him of his
project; (b)The work is dependent on the availability of projects. As a result, the total working
severance from the company allegedly due to lack of available projects and excess in the
hours logged extremely varied; (c) The extremely irregular working days and hours of
number of workers needed. He decided to file a case for illegal dismissal before the NLRC after
complainants work explains the lump sum payment for their service; and (d) The respondents
learning that new workers were being hired by petitioner while his request to return to work was
alleged that the complainants are not prohibited from working with other movie companies
being ignored. In reply, petitioner maintained that its need for workers varied, depending on
whenever they are not working for the independent movie producers engaged by the
contracts procured in the course of its business of contracting refrigeration and other related
respondents.
works. It contended that its workers are hired on a contractual or project basis, and their
A motion for reconsideration was filed by the complainants but was denied by NLRC. In effect, employment is deemed terminated upon completion of the project for which they were hired.
they filed an instant petition claiming that NLRC committed a grave abuse of discretion in: (a) Finally, petitioner argued that Acedillo was not a regular employee because his employment was
Finding that petitioners were project employees; (b) Ruling that petitioners were not illegally for a definite period and apparently made only to augment the regular work force.
dismissed; and (c) Reversing the decision of the Labor Arbiter.
ISSUE: W/N Acedillo was a regular employee. - YES
HELD: a project employee is one whose "employment has been fixed for a specific project or duration and scope of which are specified at the time they are engaged for that project.10 Such
undertaking, the completion or termination of which has been determined at the time of the duration, as well as the particular work/service to be performed, is defined in an employment
engagement of the employee or where the work or services to be performed is seasonal in nature agreement and is made clear to the employees at the time of hiring.
and the employment is for the duration of the season."2 The records reveal that petitioner did
not specify the duration and scope of the undertaking at the time Acedillo's services were the LA declared respondents as regular employees because they belonged to a "work
contracted. Petitioner could have easily presented an employment contract showing that he was pool" from which the company drew workers for assignment to different projects, at its
engaged only for a specific project, but it failed to do so. It is not even clear if Acedillo ever signed discretion. He ruled that respondents were hired and re-hired over a period of 18 years,
an employment contract with petitioner. Neither is there any proof that the duration of his hence, they were deemed to be regular employees. He likewise found that their
assignment was made clear to him other than the self-serving assertion of petitioner that the employment was terminated without just cause. In a decision dated January 7, 1998
same can be inferred from the tasks he was made to perform.
employees who are members of a "work pool" from which a company (like petitioner
Members of a work pool from which a construction company draws its project employees, corporation) draws workers for deployment to its different projects do not become
if considered employees of the construction company while in the work pool, are non- regular employees by reason of that fact alone. The Court has enunciated in some cases
project employees or employees for an indefinite period. If they are employed in a 9 that members of a "work pool" can either be project employees or regular employees.
particular project, the completion of the project or any phase thereof will not mean
severance of (the) employer-employee relationship
PALOMAS V. NLRC
ABESCO V. RAMIREZ
FACTS:
FACTS:
Petitioners Ferdinand Palomares and Teodulo Mutia were hired by respondent National Steel
Respondents filed two separate complaints1 for illegal dismissal against the company and its
Corporation (NSC) by virtue of contracts of employment for its Five Year Expansion Program or
General Manager, Oscar Banzon, before the Labor Arbiter (LA). Petitioners allegedly dismissed
FYEP
them without a valid reason and without due process of law. The complaints also included claims
for non-payment of the 13th month pay, five days' service incentive leave pay, premium pay for Petitioners, along with other employees, filed a consolidated petition for regularization, wage
holidays and rest days, and moral and exemplary damages. The LA later on ordered the differential, CBA coverage and other benefits. Labor Arbiter Nicodemus G. Palangan ordered
consolidation of the two complaints. the dismissal of the complaint with respect to 26 complainants but ruled in favor of petitioners
Petitioners denied liability to respondents and countered that respondents were "project NLRC reversed the findings of the Labor Arbiter in a decision dated November 23, 1994.
employees" since their services were necessary only when the company had projects to be Respondent Commission held that petitioners were project employees and that their assumption
completed. Petitioners argued that, being project employees, respondents' employment was of regular jobs were mainly due to peakloads or the absence of regular employees during the
coterminous with the project to which they were assigned. They were not regular employees latter's temporary leave.
who enjoyed security of tenure and entitlement to separation pay upon termination from work.
ISSUE: W/N the petitioner would be considered regular employees.
ISSUE: W/N Respondents are part of work pool
HELD: Article 280 of the Labor Code, the law on the subject of regular employment.
The provisions of the written agreement to the contrary notwithstanding and regardless of the
HELD: The principal test for determining whether employees are "project employees" or "regular oral agreement of the parties, an employment shall be deemed to be regular where the employee
employees" is whether they are assigned to carry out a specific project or undertaking, the has been engaged to perform activities which are usually necessary or desirable in the usual
business or trade of the employer, except where the employment has been fixed for a specific ISSUE: W/N the respondent is regular employee.
project or undertaking the completion or termination of which has been determined at the time
of the engagement of the employee or where the work or services to be performed is seasonal
in nature and the employment is for the duration of the season.
RULING:
An employment shall be deemed to be casual if it is not covered by the preceding paragraph:
‘The employment contracts signed by private respondent Puente do not have the specified
Provided, That any employee who has rendered at least one year of service, whether such
duration for each project contrary to the provision of Art. 280 of the Labor Code, nor did petitioner
service is continuous or broken shall be considered a regular employee with respect to the
work in the project sites, but had always been assigned at the company plant attending to the
activity in which he is employed and his employment shall continue while such actually exists.
maintenance of all mobile cranes of the company, performing tasks vital and desirable in the
The principal test for determining whether an employee is a project employee and not a company’s usual business for ten (10) continuous years.
regular employee is whether he was assigned to carry out a specific project or
Indicators of project employment. – Either one or more of the following circumstances,
undertaking, the duration and scope of which were specified at the time he was engaged
among other, may be considered as indicators that an employee is a project employee.
for that project.
(a) The duration of the specific/identified undertaking for which the worker is engaged is
Petitioners are project employees. Since its work depends on availability of such
reasonably determinable.
contracts or projects, necessarily the employment of its work force is not permanent but
co-terminous with the projects to which they are assigned and from whose payrolls they (b) Such duration, as well as the specific work/service to be performed, is defined in an
are paid. It would be extremely burdensome for their employer to retain them as employment agreement and is made clear to the employee at the time of hiring.
permanent employees and pay them wages even if there are no projects to work on.
(c) The work/service performed by the employee is in connection with the particular
project/undertaking for which he is engaged.
FILIPINAS V PUENTE (d) The employee, while not employed and awaiting engagement, is free to offer his
services to any other employer.
Grulla met an accident which fractured his lumbar vertebra while working at the jobsite. He was
rushed to the New Jeddah Clinic and was confined there for twelve (12) days. On August 27,
1980, Grulla was discharged from the hospital and was told that he could resume his normal KIMBERLY V. DRILON
duties after undergoing physical therapy for two weeks.
respondent Grulla reported back to his Project Manager and presented to the latter a medical
FACTS:
certificate declaring the former already fit for work. Since then, he started working again until he
received a notice of termination of his employment on October 9, 1980. Kimberly-Clark Philippines, Inc. (KIMBERLY, for brevity) executed a three-year collective
bargaining agreement (CBA) with United Kimberly-Clark Employees Union-Philippine Transport
respondent Grulla filed a complaint for illegal dismissal, recovery of medical benefits, unpaid
and General Workers' Organization (UKCEU-PTGWO) which expired on June 30, 1986.
wages for the unexpired ten (10) months of his contract and the sum of P1,000.00 as
reimbursement of medical expenses against A.M. Oreta and Company, Inc., and Engineering Within the 60-day freedom period prior to the expiration of and during the negotiations for the
Construction and Industrial Development Co. (ENDECO) with the Philippine Overseas renewal of the aforementioned CBA, some members of the bargaining unit formed another union
Employment Administration (POEA). called "Kimberly Independent Labor Union for Solidarity, Activism and Nationalism-Organized
Labor Association in Line Industries and Agriculture (KILUSAN-OLALIA)
ISSUE: w/n respondent Grulla is entitled to salaries corresponding to the unexpired portion of
his employment contract. charging KIMBERLY with unfair labor practices based on the following alleged acts: (1) dismissal
of union members (KILUSAN-OLALIA); (2) non-regularization of casuals/contractuals with over
HELD: the law is clear to the effect that in all cases involving employees engaged on
six months service; (3) non-implementation of appreciation bonus for 1982 and 1983; (4) non-
probationary period basis, the employer shall make known to the employee at the time he is
payment of minimum wages; (5) coercion of employees; and (6) engaging in CBA negotiations
hired, the standards by which he will qualify as a regular employee. Nowhere in the employment
despite the pendency of a petition for certification election.
contract executed between petitioner company and respondent Grulla is there a stipulation that
the latter shall undergo a probationary period for three months before he can qualify as a regular 64 casual workers were challenged by KIMBERLY and (UKCEU-PTGWO) on the ground that
employee. There is also no evidence on record showing that the respondent Grulla has been they are not employees, of KIMBERLY but of RANK.
appraised of his probationary status and the requirements which he should comply in order to
be a regular employee. In the absence of this requisites, there is justification in concluding that Issue: W/N the workers are employees.
respondent Grulla was a regular employee at the time he was dismissed by petitioner. As such,
HELD: Art. 280. Regular and Casual Employment. — The provisions of written agreement to
he is entitled to security of tenure during his period of employment and his services cannot be
the contrary not withstanding and regardless of the oral agreements of the parties, an
terminated except for just and authorized causes enumerated under the Labor Code and under
employment shall be deemed to be regular where the employee has been engaged to perform
the employment contract.
activities which are usually necessary or desirable in the usual business or trade of the employer,
The alleged ground of unsatisfactory performance relied upon by petitioner for except where the employment has been fixed for a specific project or under the completion or
dismissing respondent Grulla is not one of the just causes for dismissal provided in the termination of which has been determined at the time of the engagement of the employee or
Labor Code. Neither is it included among the grounds for termination of employment where the work or services to be performed is seasonal in nature and the employment is for the
under Article VII of the contract of employment executed by petitioner company and duration of the season.
respondent Grulla Moreover, petitioner has failed to show proof of the particular acts or
omissions constituting the unsatisfactory performance of Grulla of his duties, which was An employment shall be deemed to be casual if it is not covered by the preceding paragraph:
Provided, That any employee who has rendered at least one year of service, whether such
allegedly due to his poor physical state after the accident. Contrary to petitioner's claims,
service is continuous or broken, shall be considered a regular employee with respect to
records show that the medical certificate issued by the hospital where respondent Grulla
the activity in which he is employed and his employment shall continue while such
activity exists
The law thus provides for two. kinds of regular employees, namely: (1) those who are ISSUE:Whether or not Aballa et al. are employees of SMC
engaged to perform activities which are usually necessary or desirable in the usual
business or trade of the employer; and (2) those who have rendered at least one year of
service, whether continuous or broken, with respect to the activity in which they are
HELD:
employed.
The test to determine the existence of independent contractorship is whether one
Owing to their length of service with the company, these workers became regular employees,
claiming to be an independent contractor has contracted to do the work according to his
by operation of law, one year after they were employed by KIMBERLY through RANK. While the
own methods and without being subject to the control of the employer, except only as to
actual regularization of these employees entails the mechanical act of issuing regular the results of the work
appointment papers and compliance with such other operating procedures as may be adopted
by the employer, it is more in keeping with the intent and spirit of the law to rule that the status In legitimate labor contracting, the law creates an employer-employee relationship for a limited
of regular employment attaches to the casual worker on the day immediately after the end of his purpose, i.e., to ensure that the employees are paid their wages. The principal employer
first year of service. To rule otherwise, and to instead make their regularization dependent on becomes jointly and severally liable with the job contractor, only for the payment of the
the happening of some contingency or the fulfillment of certain requirements, is to impose a employees’ wages whenever the contractor fails to pay the same. Other than that, the principal
burden on the employee which is not sanctioned by law. employer is not responsible for any claim made by the employees.
The petitioner asserts that the private respondent was a project employee. Thus, when the
project was completed and private respondent was not re-assigned to another project, petitioner
did not violate any law since it was petitioner’s discretion to re-assign the private respondent to
other projects.
ISSUE: Whether the respondent is a project employee of the petitioner or a regular employee.
HELD: The SC held that the principal test in determining whether an employee is a
“project employee” or “regular employee,” is, whether he is assigned to carry out a
“specific project or undertaking,” the duration (and scope) of which are specified at the
time the employee is engaged in the project. “Project” refers to a particular job or
undertaking that is within the regular or usual business of the employer, but which is
distinct and separate and identifiable from the undertakings of the company. Such job or
undertaking begins and ends at determined or determinable times.
The SC was convinced he was initially a project employee. The services he rendered, the
duration and scope of each project are clear indications that he was hired as a project employee.
Article 95(a) of the Labor Code governs the award of service incentive leave. It provides
that every employee who has rendered at least one year of service shall be entitled to a