Scribd Logo
Upload

Welcome to Scribd!

  • 44 views

    Francisco v. NLRC (G.r. No. 170087)

    Uploaded by

    Angelica Alonzo
    1) Petitioner worked for respondent corporation in various roles for 6 years before being dismissed and filing a case claiming constructive dismissal. 2) The court found an employer-employee relationship existed based on respondent's control over petitioner's work and the economic realities of her long-term employment with the company. 3) In another case, temporary workers were repeatedly and continuously hired by Coca Cola to perform necessary work. The court also found an employer-employee relationship existed in this case based on the reasonable connection between the work and Coca Cola's regular business activities.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Francisco v. NLRC (G.r. No. 170087)

    Uploaded by

    Angelica Alonzo
    44 views1 page
    1) Petitioner worked for respondent corporation in various roles for 6 years before being dismissed and filing a case claiming constructive dismissal. 2) The court found an employer-employee relationship existed based on respondent's control over petitioner's work and the economic realities of her long-term employment with the company. 3) In another case, temporary workers were repeatedly and continuously hired by Coca Cola to perform necessary work. The court also found an employer-employee relationship existed in this case based on the reasonable connection between the work and Coca Cola's regular business activities.

    Original Description:

    labor relations

    Original Title

    Cases

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    1) Petitioner worked for respondent corporation in various roles for 6 years before being dismissed and filing a case claiming constructive dismissal. 2) The court found an employer-employee relationship existed based on respondent's control over petitioner's work and the economic realities of her long-term employment with the company. 3) In another case, temporary workers were repeatedly and continuously hired by Coca Cola to perform necessary work. The court also found an employer-employee relationship existed in this case based on the reasonable connection between the work and Coca Cola's regular business activities.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    44 views1 page

    Francisco v. NLRC (G.r. No. 170087)

    Uploaded by

    Angelica Alonzo
    1) Petitioner worked for respondent corporation in various roles for 6 years before being dismissed and filing a case claiming constructive dismissal. 2) The court found an employer-employee relationship existed based on respondent's control over petitioner's work and the economic realities of her long-term employment with the company. 3) In another case, temporary workers were repeatedly and continuously hired by Coca Cola to perform necessary work. The court also found an employer-employee relationship existed in this case based on the reasonable connection between the work and Coca Cola's regular business activities.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    FRANCISCO V. NLRC (G.R. NO.

    170087) receiving check vouchers indicating her


    salaries/wages, benefits, 13th month pay, bonuses
    and allowances, as well as deductions and Social
    Facts: Security contributions. Petitioner’s membership in
    Petitioner Angelina Francisco was hired by the SSS as manifested by a copy of the SSS
    respondent Kasei Corporation during its specimen signature card which was signed by the
    incorporation stage as Accountant and Corporate President of Kasei Corporation and the inclusion of
    Secretary and later as Liaison Officer. her name in the on-line inquiry system of the SSS
    Subsequently she was also designated Acting evinces the existence of an employer-employee
    Manager until replaced, but was assured by the relationship between petitioner and respondent
    company that she was still connected as Technical corporation. It is therefore apparent that petitioner
    Consultant. Thereafter, Kasei Corporation reduced is economically dependent on respondent
    petitioner’s salary until it was later withheld despite corporation for her continued employment in the
    repeated follow-ups. Petitioner once again asked latter’s line of business.
    for her salary but was informed that she is no
    longer connected with the company. Petitioner thus
    filed an action for constructive dismissal before the Magsalin v. National Organization of Working
    Labor Arbiter. Respondent Kasei Corporation Men
    averred that petitioner is not their employee as she
    performed her work at her own discretion without Facts: 1. The private respondents worked as sales
    their control and supervision. Both the Labor Arbiter route helpers for the petitioner (Coca Cola) for 5
    and NLRC tribunal found for petitioner. CA months and thereafter they were hired on a daily
    reversed the decision. basis. According to the petitioner, the respondents
    Issue: were merely hired as substitutes for regular helpers
    Whether or not there was employer-employee
    relationship between the parties. when the latter were unavailable or due to shortage
    Ruling: YES. of manpower/high volume of work. These workers
    In certain cases the control test is not sufficient to would then wait every morning outside the gates
    give a complete picture of the relationship between and if hired, they would be paid their wages at the
    the parties, owing to the complexity of such a end of the day.
    relationship where several positions have been
    held by the worker. The better approach would 2. The respondents asked the petitioner to make
    therefore be to adopt a two-tiered test involving: (1) them regular but the latter refused. Hence, 23 of
    the putative employer’s power to control the these temporary workers filed a case for illegal
    employee with respect to the means and methods
    by which the work is to be accomplished; and (2) dismissal.
    the underlying economic realities of the activity or
    Issue: W/N the respondents' work is deemed
    relationship.
    By applying the control test, there is no doubt that necessary and desirable in the usual business
    petitioner is an employee of Kasei Corporation or trade of the petitioner
    because she was under the direct control and
    supervision of Seiji Kamura, the corporation’s RULING: Yes. The repeated hiring of the
    Technical Consultant. She reported for work respondent workers and continuing need of their
    regularly and served in various capacities as daily services clearly attest to the necessity or
    Accountant, Liaison Officer, Technical Consultant, desirability of their services in the regular conduct
    Acting Manager and Corporate Secretary, with of the business/trade of petitioner.
    substantially the same job functions, that is,
    rendering accounting and tax services to the In determining whether employment is regular or
    company and performing functions necessary and not, the applicable test is the reasonable
    desirable for the proper operation of the corporation
    such as securing business permits and other connection between a particular activity performed
    licenses over an indefinite period of engagement. in relation to the usual business or trade of the
    Under the broader economic reality test, the employer. The nature of work must be viewed from
    petitioner can likewise be said to be an employee of the perspective of the business in its entirety and
    respondent corporation because she had served not confined scope.
    the company for six years before her dismissal,

    You might also like