Labor Arbiter Gaudencio Demaisip Jr. of the National Labor Relations Commission favored broadcast giant GMA Network Inc. and its Chairman and Chief Executive Officer Felipe Gozon in two labor cases filed by former independent contractors of the company.
The cases were filed separately by Carmelita Montaño and Adrian Raphael Santos and Rhodora Navarro, for illegal dismissal, payment of labor standards benefits, damages and regularization.
In its position paper, GMA argued that it is clear from the stipulations contained in the Talent Agreements of the complainants that they were not employees but were independent contractors of GMA receiving talent fees.
After a thorough evaluation of the records, Demaisip dismissed both complaints, because Montaño, Santos and Navarro failed to refute that they are independent contractors whose engagement with GMA may be terminated upon notice. They are also not entitled to any rights or benefits granted to regular employees other than those stated in the contract signed by all parties.
In the absence of an employer-employee relationship between GMA and the complainants, the labor arbiter dismissed the case for lack of jurisdiction.
Published : Thursday January 17, 2013 | Category : Nation | Hits:117
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