THE Court of Appeals (CA) has upheld a National Labor Relations Commission (NLRC) ruling that 96 “talents” working for GMA Network, Inc. are regular employees.
In a 19-page decision dismissing a GMA petition and promulgated on Feb. 20, the CA special fourteenth division rejected GMA’s argument that the NLRC committed grave abuse of discretion for not considering “history and the peculiarities of the broadcast industry and its practice,” among others.
“In this case, it is not shown that the NLRC exercised its judgment whimsically, arbitrarily or despotically by reason of passion and hostility considering that its findings are supported by substantial evidence,” the CA ruled.
The appellate court rejected the claim of the GMA that there is no employer-employee relationship as the private respondents “were merely engaged independent contractors” since they render services to the network because of their skills and expertise in their tasks and also the high talent fees given to them.
Citing Article 280 of the Labor Code, the CA said the private respondents are regular employees as they are part of the production crew who are performing functions necessary for the business of GMA.
“Truly, without their work, petitioner GMA would have nothing to air, hence the private respondents’ services in the former’s television program were unquestionably necessary,” the CA said.
“Needless to state, petitioner GMA’s goal was to ensure excellent delivery of its programs to the viewing public. This could not have been achieved had it not been for the skills of the private respondents,” it added.
The court also noted that even if the employment contracts were for a fixed term, the respondents’ employment were renewed from “one, three, or six months or for one or five years which (made them) petitioner GMA’s regular employees.”
The CA also said the “four-fold test” in determining an employer-employee relationship which included that selection and engagement, payment of wages, power of dismissal, and power to control employee’s conduct, was established.
“More importantly, the private respondents were subjected to the control and supervision of petitioner GMA, a fact which is regarded as the most crucial and determinative indicator of the presence or absence of an employer-employee relationship,” the court said, adding that the network has set standards for the private respondents to follow.
GMA Vice-President for Corporate Communications Angela Carmela J. Cruz said the network has “not received a copy of the decision yet.”
The NLRC in its decision on Sept. 30, 2015 partially affirmed the decision of Labor Arbiter Julio R. Gayaman on June 22, 2015 which ruled the Talents Association of GMA Network (TAG) to be regular employees entitled to security of tenure and other benefits.
NLRC affirmed the regular status of 97 of the complainants while eight others were declared regular employees only until the dates of their resignation in 2014.
TAG filed the regularization complaint on June 4, 2014.
The decision was written by Associate Justice Zenaida T. Galapate-Laguilles and concurred in by associate justices Mario V. Lopez and Gabriel T. Robeniol. — Vann Marlo M. Villegas
