Oregas v. NLRC (2008)
Quisumbing, J.
Facts:
·
Petitioners are employees of FVA manpower training center and Services
who assigned them to work as valet parking attendants at the Dusit Hotel.
·
In 2000 petitioners were recalled from service in Dusit Hotel.
·
They filed a complaint for illegal dismissal and several claims for
wages against Dusit Hotel.
·
The Labor Arbiter ruled that petitioners are NOT employees of Dusit
they are instead employees of FVA. Using the 4 fold test, manner and selection,
payment of wages, power of dismissal and power to control conduct were all
found to ultimately reside with FVA.
·
Court noted furthermore that when they were recalled they continued to
be under the employ of FVA but because they were not assigned within the 6
months after their recall they were deemed constructively dismissed.
·
Petitioners assail the findings of the labor arbiter.
Doctrine:
·
FVA is registered with DOLE and DTI as a legitimate job contractor.
·
The employment contract and pay of the petitioners are all with FVA
NOT DUSIT.
·
There is an FVA supervisor that is assigned with them in DUSIT.
·
They were duly informed by FVA that they would only be assigned to
Dusit for 5 months.
Dusit paid FVA for the
services it provided while FVA was the one who paid the employees.
·
To establish employer-employee relations the ff are needed:
- 1. Manner of selection and engagement of the putative employees
- 2. Mode of payment of wages
- 3. Presence or absence of a power of dismissal
- 4. The presence or absence of a power to control the putative employee’s conduct [THIS IS MOST DETERMINATIVE]
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