Makati Haberdashery, Inc. vs.

NLRC
G.R. Nos. 83380-81, November 15, 1989
Facts:
Private respondents, have been working for Makati Haberdashery, Inc. as tailors,
seamstress, sewers, basters (manlililip) and "plantsadoras". They are paid on a piecerate basis except two workers who are paid on a monthly basis. In addition to their
piece-rate, they are given a daily allowance of three (P 3.00) pesos provided they report
for work before 9:30 a.m. everyday.
Private respondents are required to work from or before 9:30 a.m. up to 6:00 or 7:00
p.m. from Monday to Saturday and during peak periods even on Sundays and holidays.
The Sandigan ng Manggagawang Pilipino, a labor organization of the respondent
workers, filed a complaint(a) underpayment of the basic wage; (b) underpayment of
living allowance; (c) non-payment of overtime work and other money claims.
The Labor Arbiter decided in favor of the complainants which was further affirmed by
the NLRC. Petitioners filed the petition contending that public respondents were
erroneous in concluding that an employer-employee relationship exist between
Haberdashery and the private respondents.
Issue:
Whether or not an employer-employee relationship exists between petitioner
haberdashery and respondents workers.
Held:
The facts indubitably reveal that the most important requisite of control is present. As
gleaned from the operations of petitioner, when a customer enters into a contract with
the haberdashery or its proprietor, the latter directs an employee who may be a tailor,
pattern maker, sewer or "plantsadora" to take the customer's measurements, and to
sew the pants, coat or shirt as specified by the customer. Supervision is actively
manifested in all these aspects the manner and quality of cutting, sewing and
ironing.
Furthermore, the presence of control is immediately evident in a memorandum issued
by Assistant Manager which requires workers comply with the following directives: To
follow instructions only from specific persons; before accepting the job orders tailors
must check the materials, job orders, due dates and other things to maximize the
efficiency of production; all job orders must be finished one day before the due date;
alteration-Before accepting alteration person attending on customers must ask first or
must advise the tailors regarding the due date; any tailor violating the memorandum
will be subject to disciplinary action.

It is evident that petitioner has reserved the right to control its employees not only as
to the result but also the means and methods by which the same are to be
accomplished.