LABOR LAW

Paulo Antonio C. Burro

Legal Counseling
Atty. Bruce Rivera



Apple Corporation has a closed shop agreement , stipulated in the
CBA with PALUF union, stating that all new employees are required
to join the union in order to be employed in Apple Corporation. Pedro
was a new employee and a member of Iglesia ni cristo refused to join
or become a member of the union. The union stated that Pedro
should be dismissed as he is in violation of the closed shop
agreement between the union and Apple Corporation, pedro was
subsequently dismissed by Apple. Pedro files a case against the
Apple Corporation for Illegal Dismissal.

Issue: W/N there was an Illegal dismissal ?

Held

Members of religious sects cannot be compelled or coerced to join
labor unions even when said unions have closed shop agreements
with the employers; that in spite of any closed shop agreement,
members of said religious sectors cannot be refused employement or
dismissed from their jobs on the ground of not being a member of the
Collective bargaining union


Baguilat, Genelyn
3-b Legal Counseling
Atty. Bruce Rivera
Saturday 2:30-4:30pm

Topic: Labor Law


A is the owner and manager of G Electrical Services, a firm engaged in the
construction business specializing in installing electrical devices in subdivision
homes and in commercial and non-commercial buildings. B and C were
employed by A as electricians. They worked from Monday to Saturday and,
occasionally, on Sundays, with a daily wage. A claimed that B and C were part-
time project employees and were employed only when there were electrical jobs
to be done in a particular housing unit contracted by A.

ISSUE: What is the employment status of B and C?

ANSWER: Project employees. A, as an electrical contractor, depends for his
business on the contracts that he is able to obtain from real estate developers
and builders of buildings. Thus, the work provided by A depends on the
availability of such contracts or projects. The duration of the employment of his
work force is not permanent but coterminous with the projects to which the
workers are assigned. Viewed in this context, the B and C are considered as
project employees of A. Project employee is one whose employment has been
fixed for a specific 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 service to be performed is seasonal in nature and the employment is
for the duration of the season. However, B and C , even if working as project
employees, enjoy security of tenure.

Reference:

G.R. No. 151227 July 14, 2008
SABEROLA vs. SUAREZ

BALON, Maverick C.
3B- Saturday 230-430
Legal Counselling and Social Responsibility
Att. Bruce Rivera

LABOR LAW
Scenario: Mark was a working scholar of San Sebastian College, Manila. While
he was on board the school jeep, he persuaded the driver to turnover the wheels
to him. The driver allowed him to drive the vehicle. While Mark was driving the
jeep, Mark hit a 60 year old retired bank employee, Ronaldo Corpus.
Ronaldo Corpus wanted to file a civil suit for damages against the school, San
Sebastian College. San Sebastian College claimed that it cannot be held
responsible for the tortious act of Mark on the ground that there is no existing
employer-employee relationship between them as provided by Section 14, Rule
X, Book III of the Rules Implementing the Labor Code.
Ronaldo Corpus asks for your assistance and service.
Problem: Whether or not the school, San Sebastian College, can be held liable
for the tortious acts of Mark Reyes?
Answer: Yes, the school is liable for the tortious act of the working student.
Generally, there is no employer-employee relationship between working
students, and the schools or universities. Students work for the latter in exchange
for the privilege to study free of charge, plus the additional support and
allowances the student needs finish their chosen course. The said rule, however,
should be applied only to labor controversies. It should not be applied to civil
suits for damages arising from a tortious act of a working student.
The school is considered as the employer of the working student for purposes of
imposing liability for tortious act, despite the fact that the student had no official
appointment as driver. It is enough that the act of driving was for the benefit of
the school.


Legal Counselling. Atty. Bruce Rivera
Mark Alexis V Buag


Company A seeks to take over its sister company
Corparation X however union members from the latter
corparation seeks to challenge the petition for such takeover, for
their jobs will be prejudiced since said union members were
allegedly contractual workers only and not regular employees.
There now arises a situation where arbitration must be
conducted, premised on the issue of Whether or not there exists
an employer-employee relationship between the parties? What
are facts or circumstances that will be determinative thus proving
if such employer-employee exists?


According to Jurisprudence: The present case calls for the
application of the control test, If the union members are not
employees, no right to organize for the purpose of bargaining or
as a bargaining agent cannot be recognized.
The following elements are generally considered in the
determination of the relationship: the selection and
engagement of the

, payment of wages, power of dismissal and the power to
control the employees conduct which is the most important
element.
The nature of the relationship between a company and its
collecting agents depends on the circumstances of each
particular relationship. Not all collecting agents are employees
and neither are all collecting agents independent contractors.
The agreement confirms the status of the collecting agents as
independent contractor. The requirement that collection agents
utilize only receipt forms and report forms issued by the
company and that reports shall be submitted at least once a
week is not necessarily an indication of control over the means
by which the job collection is to be performed. Even if report
requirements are to be called control measures, any control is
only with respect to the end result of the collection since the
requirements regulate the things to be done after the
performance of the collection job or the rendition of service.
The plain language of the agreement reveals that the
designation as collection agent does not create an employment
relationship and that the applicant is to be considered at all times
as an independent contractor.
The court finds that since private respondents are not employees
of the company, they are not entitled to the constitutional right to
form or join a labor organization for the purposes of collective
bargaining. There is no constitutional and legal basis for their
union to be granted their petition for direct certification.