Beruflich Dokumente
Kultur Dokumente
Torres-Yap
G.R. No. 155731
September 3, 2007
Facts: Lopez was the lady keeper of Bodega City tasked to man it’s ladies
comfort room. In one occasion, Lopez was caught sleeping while on duty and so
the customer informed the management. Lopez was given a letter asking her to
explain why the concessionaire agreement between her and Bodega City should
not be terminated or suspended. In a subsequent letter, in was indicated that
Bodega City decided to terminate the concessionaire agreement between Lopez.
Lopez then filed for illegal dismissal contending that she was dismissed without
cause and due process. Bodega City, then responded that no “employer-
employee” relationship existed and it was just a concessionaire agreement.
Labor Arbiter denied, NLRC remanded to new Labor arbiter who rendered that
Lopez was indeed an employee. NLRC, set aside the decision. CA denied the
appeal.
Lopez was contending that she was an employee of Bodega City because,
(1) the concessionaire agreement was only offered to her during her 10 th year
of service after organizing a union and filed complaints;
(2) she received special allowance, which is a clear evidence that she was an
employee;
(3) she was given ID that clearly shows she is not a concessionaire; and
(4) she was required to follow rules and regulations prescribing appropriate
conduct while she was in the premises of Bodega City.
There is nothing in the agreement, which specifies the methods and manner by
which Lopez should maintain the cleanliness of the comfort room. Lopez was
given a free hand as to how she would perform her job.