Television and Production Exponents Inc vs Servana
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Transcript of Television and Production Exponents Inc vs Servana
42SCRA578LaborLawLaborStandardsRegular Employee Employer-employee relationship Four Fold Test ServaastartedoutasasecurityfortheAgro-Commercial SecurityAgency(ACSA)since1987.Theagencyhada contract with TV network RPN 9. On the other hand, Television and Production Exponents, Inc (TAPE). is a company in charge of TV programming and was handlingshowslikeEatBulaga!EatBulaga!wasthenwith RPN 9. In1995,RPN9severeditsrelationswithACSA.TAPE retainedtheservicesofServaaasasecurityguardand absorbed him. In 2000, TAPE contracted the services of Sun Shield Security Agency.ItthennotifiedServaathatheisbeingterminated because he is now a redundant employee. ServaathenfiledacaseforillegalDismissal.TheLabor ArbiterruledthatServaasdismissalisvalidontheground of redundancy but though he was not illegally dismissed he is still entitled to be paid a separation pay which is amounting to onemonthpayforeveryyearofservicewhichtotalsto P78,000.00. TAPEappealedandarguedthatServaaisnotentitledto receiveseparationpayforheisconsideredasatalentand notasaregularemployee;thatassuch,thereisno employee-employer relationship between TAPE and Servaa. TheNationalLaborRelationsCommissionruledinfavorof TAPE. It ruled that Servaa is a program employee. Servaa appealed before the Court of Appeals. TheCourtofAppealsreversedtheNLRCandaffirmedthe LA. The CA further ruled that TAPE and its president Tuviera should pay for nominal damages amounting to P10,000.00. ISSUE:Whetherornotthereisanemployee-employer relationship existing between TAPE and Servaa. HELD: Yes. Servaa is a regular employee. In determining Servaas nature of employment, the Supreme Court employed the Four Fold Test: 1.Whetherornotemployerconductedtheselectionand engagement of the employee. ServaawasselectedandengagedbyTAPEwhenhewas absorbedasatalentin1995.Heisnotreallyatalent,as termedbyTAPE,becauseheperformsanactivitywhichis necessary and desirable to TAPEs business and that is being asecurityguard.Further,theprimaryevidenceofhimbeing engaged as an employee is his employee identification card. An identification card is usually provided not just as a security measurebuttomainlyidentifytheholderthereofasabona fide employee of the firm who issues it. 2. Whether or not there is payment of wages to the employee by the employer. Servaaisdefinitelyreceivingafixedamountasmonthly compensation. Hes receiving P6,000.00 a month. 3.Whetherornotemployerhasthepowertodismiss employee. TheMemorandumofDiscontinuanceissuedtoServaato notify him that he is a redundant employee evidenced TAPEs power to dismiss Servaa. 4. Whether or not the employer has the power of control over the employee. The bundy cards which showed that Servaa was required to reporttoworkatfixedhoursofthedaymanifestedthefact thatTAPEdoeshavecontroloverhim.Otherwise,Servaa couldhavereportedatanytimeduringthedayashemay wish. Therefore, Servaa is entitled to receive a separation pay. On the other hand, the Supreme Court ruled that Tuviera, as presidentofTAPE,shouldnotbeheldliablefornominal damagesastherewasnoshowingheactedinbadfaithin terminating Servaa. Regular Employee Defined: Onehavingbeenengagedtoperformanactivitythatis necessary and desirable to a companys business.